“I agree with the author. Cruz is not NBC.”
The founders wrote letters to each other that unequivocally deny the Blackstone legal theory of applying British common law to our nation. We even went to war in 1812 over this very thing.
Further, in order for the law professor to be correct, the very founders who ratified the Constitution also enacted an unconstitutional law just 18 months later. The founders clearly thought it was constitutional and within the purview of Congress to decide if foreign born children of US citizens were “natural born citizens”. This proves that the founders regarded the “natural” part of the formula to be based on jus sanguinis and not jus soli. Their conception of natural law was based on the Law of Nations by Vattel and not British common law as Blackstone proposed some time later.
Under the applicable law, Cruz’s citizenship was conferred from his mother, which means it was naturally conferred rather than by a process of naturalization.
The law professor who wrote the article disagrees. Your opinion is of no more worth than hers or mine. In the mean time, there are a lot of people who will never vote for a guy who was born a NBC Canadian which is what Cruz was for 43 years. You will never convince many people that Cruz is eligible. I know a few of them myself. I guess we will see how it shakes out. BTW, would ‘t that line of reasoning make the children fathered by US citizen GIs all over the world US NBC because they had one citizen parent? Do you think that is the sort of thing the founders had in mind?