Passport Issuance

Executive Branch Authority Over Foreign State Recognition and Passport Issuance in 2011

United States views on international law (based on the document “Digest of U.S. Practice in International Law”): On May 2, 2011, the United States Supreme Court granted a petition for writ of certiorari in a case challenging the denial by the State Department of a request that “Israel” be listed as the place of birth in the passport of a U.S. citizen child born in Jerusalem. Zivotofsky v. Secretary of State, 131 S. Ct. 2897 (May 2, 2011). The U.S. District Court for the District of Columbia had dismissed the suit, brought by the parents of a child born in Jerusalem on his behalf, seeking to compel the State Department's implementation of a Congressional mandate in § 214(d) of the FY2003 Foreign Relations Authorization Act, Pub. L. No. 107-228, 116 Stat. 1350, which directs that “Israel” appear as the place of birth for a U.S. citizen born in Jerusalem, when the citizen so requests. The U.S. Court of Appeals for the District of Columbia Circuit affirmed the dismissal, finding the case nonjusticiable under the political question doctrine because the President had exercised authority left exclusively to the executive branch—the power to recognize foreign governments—when determining not to recognize any government as sovereign over Jerusalem. In granting certiorari, the Supreme Court directed the parties to “brief and argue the following question: 'Whether Section 214 of the Foreign Relations Authorization Act, Fiscal Year 2003, impermissibly infringes the President's power to recognize foreign sovereigns.'” For prior developments in the case, see this world legal encyclopedia in relation with the year 2006 at 530-47, World Encyclopedia of Law 2007 at 437-43, World Encyclopedia of Law 2008 at 447-54, and World Encyclopedia of Law 2009 at 303-10.

Developments

In September 2011, the United States filed its brief in the Supreme Court, excerpted below (with most footnotes and citations to the record omitted) and available in full at (internet link) justice.gov/osg/briefs/2011/3mer/2mer/2010-0699.mer.aa.pdf.*

Resources

See Also

• Diplomatic Relations
• Succession
• Continuity Of States
• Statehood Issues
• Executive Branch
• State Recognition
• Passports

Resources

Notes and References

1. * Editor's note: On March 26, 2012, the Supreme Court issued its decision that the case does not present a nonjusticiable, political question and could properly be decided by the lower courts, remanding for a determination of the constitutionality of the statute. Digest 2012 will discuss further developments in the case.