On November 3, 2014, the Supreme Court heard oral argument in Zivotofsky v. Kerry. This case concerns Section 214(d) of the Foreign Relations Authorization Act of 2003, which directs the Secretary of State, upon 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. The question before the Court is whether this provision unconstitutionally infringes on the President’s power to recognize foreign sovereigns.
To discuss the case, we have Eugene Kontorovich, who is a Professor of Law at the Northwestern University School of Law.
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