ABSTRACT

'Zivotofsky v. Kerry': The Jerusalem Passport Case and Its Potential Implications for Congress's Foreign Affairs Powers [September 28, 2015]   [open pdf - 764KB]

From the Summary: "The Supreme Court in its last term by a vote of 6-3 invalidated a statute passed by Congress touching on the status of Jerusalem, affirming the U.S. Court of Appeals for the D.C. Circuit decision in 'Zivotofsky v. Secretary of State' that the President's power to recognize foreign sovereigns is exclusive and trumps Congress's authority to regulate passports. The Court's decision in 'Zivotofsky v. Kerry (Zivotofsky II)' represents the first time the Court has struck down a congressionally enacted law on the basis of a separation-of-powers infringement involving a matter of foreign affairs. At the same time, the Court rejected the executive branch assertion that it has exclusive authority to conduct international diplomacy, while endorsing Congress's ample authority to influence the nation's foreign affairs. The implications the decision will have on Congress's foreign affairs authority will likely depend on its interpretation by lower courts, as well as the two political branches."

Report Number:
CRS Report for Congress, R43773
Author:
Publisher:
Date:
2015-09-28
Series:
Copyright:
Public Domain
Retrieved From:
Federation of American Scientists: http://www.fas.org/sgp/crs/index.html
Format:
pdf
Media Type:
application/pdf
URL:
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