Monday, June 8, 2015

Jerusalem is not in Israel


For John, BLUFPresident trumps Congress in Foreign Affairs.  Nothing to see here; just move along.



In its decision on Zivotofsky v. Kerry the US Supreme Court says it is within his authority for the President to say that someone born in Jerusalem was not born in Israel.

Here is some commentary at the Althouse blog:

There's a majority opinion, written by Justice Kennedy, with 5 votes.  The Chief Justice writes a dissenting opinion, joined by Justice Alito.  Justice Scalia has a dissenting opinion, joined by the Chief and Justice Alito.  And Justice Thomas concurs in part and dissents in part.

Justice Kennedy uses the 3 categories from Justice Jackson's opinion in Youngstown.  This is a category 3 case, where the President and Congress are in disagreement, but the President's position prevails when the court finds the President's power "exclusive" and "conclusive."  That was the case here, Kennedy writes, where the issue is the formal recognition of a foreign sovereign, and Congress was trying to require the President to "issue a formal statement that contradicts the earlier recognition."

There is more at Professor Althouse's Blog.

Hat tip to Ann Althouse.

Regards  —  Cliff

  The suit started with Ms Clinton as Secretary of State, brought on behalf of Mr Menachem Binyamin Zivotofsky, who was born in Jerusalem 17 October 2002.

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