Zivotofsky v. Kerry
Issues
Does a federal statute that directs the Secretary of State, upon an American citizen’s request, to record the birthplace of an American citizen born in Jerusalem as born in “Jerusalem, Israel” on a United States passport and on a Consular Report of Birth Abroad infringe upon the President’s authority to recognize foreign states and governments?
When the United States does not have an official position regarding which country controls a city, United States passports will list the city of birth but not a country of birth. The Supreme Court will now determine two legal issues: (1) whether Foreign Relations Authorization Act’s Section 214(d) is an exercise of regulating the issuance of passports or an exercise of recognizing foreign nations; and (2) if Section 214(d) is an act of recognition, whether the President has exclusive authority to recognize foreign nations. Zivotofsky argues that Section 214(d) is a constitutional exercise of Congress’ power to regulate the issuance of passports and also contends that the Constitution does not vest exclusive recognition authority in the President. The Secretary of State argues that Section 214(d) is a constitutional exercise of the President’s power to recognize foreign nations and also contends that the Constitution vests exclusive recognition authority in the President. The Supreme Court’s decision could affect U.S. foreign policy and the allocation of powers between the legislative and executive branches.
Questions as Framed for the Court by the Parties
Whether a federal statute that directs the Secretary of State, on request, to record the birthplace of an American citizen born in Jerusalem as born in “Israel” on a Consular Report of Birth Abroad and on a United States passport is unconstitutional on the ground that the statute “impermissibly infringes on the President’s exercise of the recognition power reposing exclusively in him.”
Due to the Arab-Israeli conflict, the "political status of Jerusalem has been in dispute since 1948." Zivotofsky v. Sec’y of State, 511 F.Supp. 2d 97, 100 (D.D.C. 2007). As part of peacekeeping efforts, the United States government does not recognize Jerusalem as belonging to any sovereign nation.
Edited by
Additional Resources
- Robert Barnes: Supreme Court to Rule on Use of Jerusalem in U.S. Passports, Washington Post (Apr. 21, 2014).
- Angela Chang & Tian Wang: Zivotofsky v. Clinton (10-699), LII Supreme Court Bulletin.
- Adam Liptak: Justices Take Case on Status of Jerusalem in Passports, N.Y. Times (Apr. 21, 2014).
- Supreme Court To Hear ‘Born In Jerusalem,’ Israel Passport Recognition Case, Associated Press (Apr. 21, 2014).