it is well established law that kids born outside of the USA
of American citizens they in fact are American citizens as well
That's exactly right. Its been established by law. Not by the Constitution. As the State department itself notes when discussing citizenship by blood:
Jus sanguinis (the law of the bloodline) - a concept of Roman or civil law under which a person’s citizenship is determined by the citizenship of one or both parents. This rule, frequently called
“citizenship by descent” or “derivative citizenship”,
is not embodied in the U.S. Constitution, but such citizenship is granted through statute. As U.S. laws have changed, the requirements for conferring and retaining derivative citizenship have also changed.
http://www.state.gov/documents/organization/86755.pdf
So the question is.....
is citizenship not embodied in the constitution but granted through statute 'natural born citizenship'? As by definition, such citizenship was NOT part of the original constitution. And thus couldn't be part of the originally recognized definition of 'natural born citizen' written in the constitution.
Well, without a delorean or a blue police box.
If you're using an originalist interpretation of the Constitution, then you have to use the terms of the Constitution as they were understood by the founders.
IF you're using a 'living document' interpretation of the constitution, then you can use ideas that came after. Which includes citizenship for those born outside the US.
Cruz is an originalist.