Much anticipated for any number of reasons, Zivotofsky was perhaps most awaited for the valuable contribution it was to make in the form of its analysis of the scope of exclusive executive power. This analysis was expected to begin to answer a key question lingering after Justice Jackson’s Youngstown concurrence.
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In his famous Youngstown concurrence, Justice Jackson began by reflecting that:
The Supreme Court in Zivotofksy held that the President can disregard a statute that requires him to designate “Israel” on passports of U.S. citizens born in Jerusalem because the statute (Section 214 of the 2003 Foreign Relations Authorization Act) infringes on the President’s exclusive power to recognize foreign sovereigns.