Can the US President recognize Israel’s sovereignty over the Golan Heights for the USA or does that need an...
President Trump has tweeted that the USA should "fully recognize Israel’s Sovereignty over the Golan Heights" - directly contradicting United Nations Security Council Resolution 497 from 1981.
Can the President effect that "on their own" or would it need some act of Congress?
united-states president congress foreign-policy separation-of-powers
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President Trump has tweeted that the USA should "fully recognize Israel’s Sovereignty over the Golan Heights" - directly contradicting United Nations Security Council Resolution 497 from 1981.
Can the President effect that "on their own" or would it need some act of Congress?
united-states president congress foreign-policy separation-of-powers
add a comment |
President Trump has tweeted that the USA should "fully recognize Israel’s Sovereignty over the Golan Heights" - directly contradicting United Nations Security Council Resolution 497 from 1981.
Can the President effect that "on their own" or would it need some act of Congress?
united-states president congress foreign-policy separation-of-powers
President Trump has tweeted that the USA should "fully recognize Israel’s Sovereignty over the Golan Heights" - directly contradicting United Nations Security Council Resolution 497 from 1981.
Can the President effect that "on their own" or would it need some act of Congress?
united-states president congress foreign-policy separation-of-powers
united-states president congress foreign-policy separation-of-powers
edited 4 hours ago
Martin Schröder
asked 4 hours ago
Martin SchröderMartin Schröder
1,1321932
1,1321932
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add a comment |
1 Answer
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Essentially, yes
By current precedent from the US Supreme Court, the US president not only has authority to recognize foreign nations, but exclusive authority. The pertinent case is Zivotofsky v. Kerry, where a couple wanted to list the birthplace of their child as "Jerusalem, Israel." At that time the State Department of the United States did not recognize Jerusalem as the capital of Israel, or in fact technically as part of Israel. Congress had passed a law allowing for precisely this case:
RECORD OF PLACE OF BIRTH AS ISRAEL FOR PASSPORT PURPOSES.—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.
When the case went to the Supreme Court, this portion of the law was found to be an unconstitutional restriction on the power of the President to recognize foreign nations, and the power of the president to do so was reaffirmed.
Held: 1. The President has the exclusive power to grant formal
recognition to a foreign sovereign. Pp. 6–26.
As such, it is within the US president's power to recognize the Golan Heights as being part of Israel, or not, without congressional support.
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1 Answer
1
active
oldest
votes
1 Answer
1
active
oldest
votes
active
oldest
votes
active
oldest
votes
Essentially, yes
By current precedent from the US Supreme Court, the US president not only has authority to recognize foreign nations, but exclusive authority. The pertinent case is Zivotofsky v. Kerry, where a couple wanted to list the birthplace of their child as "Jerusalem, Israel." At that time the State Department of the United States did not recognize Jerusalem as the capital of Israel, or in fact technically as part of Israel. Congress had passed a law allowing for precisely this case:
RECORD OF PLACE OF BIRTH AS ISRAEL FOR PASSPORT PURPOSES.—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.
When the case went to the Supreme Court, this portion of the law was found to be an unconstitutional restriction on the power of the President to recognize foreign nations, and the power of the president to do so was reaffirmed.
Held: 1. The President has the exclusive power to grant formal
recognition to a foreign sovereign. Pp. 6–26.
As such, it is within the US president's power to recognize the Golan Heights as being part of Israel, or not, without congressional support.
add a comment |
Essentially, yes
By current precedent from the US Supreme Court, the US president not only has authority to recognize foreign nations, but exclusive authority. The pertinent case is Zivotofsky v. Kerry, where a couple wanted to list the birthplace of their child as "Jerusalem, Israel." At that time the State Department of the United States did not recognize Jerusalem as the capital of Israel, or in fact technically as part of Israel. Congress had passed a law allowing for precisely this case:
RECORD OF PLACE OF BIRTH AS ISRAEL FOR PASSPORT PURPOSES.—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.
When the case went to the Supreme Court, this portion of the law was found to be an unconstitutional restriction on the power of the President to recognize foreign nations, and the power of the president to do so was reaffirmed.
Held: 1. The President has the exclusive power to grant formal
recognition to a foreign sovereign. Pp. 6–26.
As such, it is within the US president's power to recognize the Golan Heights as being part of Israel, or not, without congressional support.
add a comment |
Essentially, yes
By current precedent from the US Supreme Court, the US president not only has authority to recognize foreign nations, but exclusive authority. The pertinent case is Zivotofsky v. Kerry, where a couple wanted to list the birthplace of their child as "Jerusalem, Israel." At that time the State Department of the United States did not recognize Jerusalem as the capital of Israel, or in fact technically as part of Israel. Congress had passed a law allowing for precisely this case:
RECORD OF PLACE OF BIRTH AS ISRAEL FOR PASSPORT PURPOSES.—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.
When the case went to the Supreme Court, this portion of the law was found to be an unconstitutional restriction on the power of the President to recognize foreign nations, and the power of the president to do so was reaffirmed.
Held: 1. The President has the exclusive power to grant formal
recognition to a foreign sovereign. Pp. 6–26.
As such, it is within the US president's power to recognize the Golan Heights as being part of Israel, or not, without congressional support.
Essentially, yes
By current precedent from the US Supreme Court, the US president not only has authority to recognize foreign nations, but exclusive authority. The pertinent case is Zivotofsky v. Kerry, where a couple wanted to list the birthplace of their child as "Jerusalem, Israel." At that time the State Department of the United States did not recognize Jerusalem as the capital of Israel, or in fact technically as part of Israel. Congress had passed a law allowing for precisely this case:
RECORD OF PLACE OF BIRTH AS ISRAEL FOR PASSPORT PURPOSES.—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.
When the case went to the Supreme Court, this portion of the law was found to be an unconstitutional restriction on the power of the President to recognize foreign nations, and the power of the president to do so was reaffirmed.
Held: 1. The President has the exclusive power to grant formal
recognition to a foreign sovereign. Pp. 6–26.
As such, it is within the US president's power to recognize the Golan Heights as being part of Israel, or not, without congressional support.
edited 27 mins ago
answered 4 hours ago
Obie 2.0Obie 2.0
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1,468316
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