Menachem Binyamin Zivotofsky, by His Parents and Guardians, Ari Z. and Naomi Siegman Zivotofsky, Petitioner v. John…

Summary

The Court held that Congress may not enact a law that forces the President to contradict his own recognition determination; therefore §214(d) of the 2003 Foreign Relations Authorization Act, which required passports of Jerusalem‑born citizens to list Israel as the place of birth, is unconstitutional. The decision rests on the President’s exclusive power to recognize foreign sovereigns. A concurring justice noted the political‑question concern, and another justice concurred in part (striking the passport provision) and dissented in part (upholding the consular‑report provision).