Yes, Jesus is demonstrating that the unsaved are spiritually dead and incapable of comprehending things spiritual.
God demands that all of the unsaved abide in and follow His doctrines and laws and they will be judged accordingly for not doing so, but, that doesn't mean that they can. In the Bible God sets-forth a lot of demands for the unsaved which they will be unable to satisfy, nevertheless, those remain His requirements. This is not unfair of God because He is giving to the unsaved what they desire to have, which is to be judge by their works, not by His grace.
I don’t think so. That’s a stretch don’t you think? Jesus waving an unobtainable spiritual rebirth in front of Nicodemus. That dosent line up with the heart of the Father. The way I see this is that Jesus is demonstrating the accessibility to anyone who calls on the name of Jesus in their hearts into of the Kingdom. We read only lines earlier.
“You should
not be surprised at my saying, ‘You must be born again.’”
John 3:7 NIV
Jesus expected Jews namely Nicodemus in this instance to understand this concept.
God has an elect but becoming the elect is available to
all who choose to believe as an act of the will in their hearts.
“And if he finds it, truly I tell you, he is happier about that one sheep than about the ninety-nine that did not wander off. In the same way your Father in heaven is
not willing that any of these little ones should perish.”
Matthew 18:13-14 NIV
“The Lord is not slow in keeping his promise, as some understand slowness. Instead he is
patient with you,
not wanting anyone to perish, but everyone to come to
repentance.”
2 Peter 3:9 NIV
“I tell you, no! But unless you repent, you too will all perish. Or those eighteen who died when the tower in Siloam fell on them—do you think they were more guilty than all the others living in Jerusalem? I tell you, no! But
unless you repent, you too will all perish.””
Luke 13:3-5 NIV
“that
everyone who believes may have eternal life in him.”
Whoever believes in him is not condemned,
but whoever does not believe stands condemned already
because they have not believed in the name of God’s one and only Son.”
John 3:15, 18 NIV