Court of Appeals Just POISONED the Well on Birthright Citizenship!

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This opinion is dangerous not because of the outcome — the conviction was affirmed either way — but because of the unnecessary constitutional dicta the majority chose to write. After admitting they didn’t need to decide who qualifies as “We the People,” they spent page after page doing exactly that.

The majority claims that unlawful entry, illegal work, and daily violations of U.S. law can still amount to “loyalty” and “consent to be governed,” based on vague notions like time spent here, employment, or family ties. That turns lawbreaking into a constitutional credential.

The concurrence gets it right: “We the People” is a term of art tied to popular sovereignty — citizens who consented to government and transferred allegiance to the United States. Once courts replace that with a subjective “sufficient connections” test, citizenship stops meaning anything at all.

This case didn’t have to rewrite the Constitution.

But the majority did it anyway — and that should worry everyone.

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