Israel passport case sparks debate in top US court

[FarCenter]

It may seem like a case on dull passport rules, but lawyers told the US Supreme Court Monday the question of whether Israel is listed on a passport of a person born in Jerusalem raises key issues on foreign policy and separation of powers.

...
The case is complicated because Congress passed a measure as part of a foreign relations law which specifically stated that the State Department shall upon request allow US citizens born in Jerusalem to list their birth county as Israel.

But then-president George W. Bush said in signing the law that he would ignore that provision as unconstitutional interference with the executive authority to conduct foreign policy.

The government, including the succeeding administration of President Barack Obama, has argued that listing Jerusalem as part of Israel on US passports would imply US recognition of the disputed capital, and endanger delicate diplomatic efforts to reach a Middle East peace deal with the Palestinians.

Ari and Naomi Zivotofsky filed a lawsuit in 2004 after State Department officials refused to list Israel as their son Menachem's birthplace. Instead, the birth certificate indicates the boy was born in Jerusalem in 2002.

http://www.france24.com/en/20111107-israel-passport-case-sparks-debate-top-us-court

[Eric J in MN]

1. Presidents should conduct foreign policy within the laws passed by Congress.

I disagree with George W. Bush's view that a law saying people born in Jerusalem can get "Israel" on their passports is unconstitutional.

The Framers meant for Congress to have say over foreign policy, which is why Congress has the power to declare war.

If Bush thought the law was bad, then he should have vetoed it. Not signed it while declaring he would ignore it.

[FarCenter]

2. Other than declaring war, the foreign policy role is limited to Senatorial advice and consent

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

http://www.archives.gov/exhibits/charters/constitution_transcript.html

[Eric J in MN]

3. Congress also has power to "To regulate Commerce with foreign Nations"

"to make Rules for the Government and Regulation of the land and naval Forces;"
and "To define and punish Piracies and Felonies committed on the high Seas."