Page:Zivotofsky v. Kerry.pdf/1



Petitioner Zivotofsky was born to United States citizens living in Jerusalem. Pursuant to § 214(d) of the Foreign Relations Authorization Act, Fiscal Year 2003, his mother asked American Embassy officials to list his place of birth as “Israel” on, inter alia, his passport. Section 214(d) states for “purposes of the registration of birth, certification of nationality, or issuance of a passport of a United States citizen born in the city of Jerusalem, the Secretary shall, upon the request of the citizen or the citizen's legal guardian, record the place of birth as Israel.” The Embassy officials refused to list Zivotofsky's place of birth as “Israel” on his passport, citing the Executive Branch's longstanding position that the United States does not recognize any country as having sovereignty over Jerusalem. Zivotofsky's parents brought suit on his behalf in federal court, seeking to enforce § 214(d). Ultimately, the D. C. Circuit held the statute unconstitutional, concluding that it contradicts the Executive Branch's exclusive power to recognize foreign sovereigns.

Held: 1. The President has the exclusive power to grant formal recognition to a foreign sovereign. Pp. 10–28.

(a) Where, as here, the President's action is “incompatible with the expressed or implied will of Congress,” the President “can rely [for his 1