“current law which is expressed in title 8 section 1401”
Here’s that section:
“(d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;”
If this is the definitive clause then it looks like Cruz is a citizen.
Not to argue but it would actually be subsection G. The Cruzes moved to Canada in 1967 and Sen Cruz was born in 1970.