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
asked Mar 22 at 21:53
Martin SchröderMartin Schröder
1,1681933
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
asked Mar 22 at 21:53
Martin SchröderMartin Schröder
1,1681933
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
asked Mar 22 at 21:53
Martin SchröderMartin Schröder
1,1681933
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
asked Mar 22 at 21:53
Martin SchröderMartin Schröder
1,1681933
asked Mar 22 at 21:53
Martin SchröderMartin Schröder
1,1681933
edited Mar 22 at 22:30
Martin Schröder
asked Mar 22 at 21:53
Martin SchröderMartin Schröder
1,1681933
asked Mar 22 at 21:53
Martin SchröderMartin Schröder
1,1681933
asked Mar 22 at 21:53
Martin SchröderMartin Schröder
1,1681933
1,1681933
add a comment |
add a comment |
1 Answer
1
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.
answered Mar 22 at 22:28
Obie 2.0Obie 2.0
1,799618
Can you quote the place in the constitution where this is stated (or implied)?
– einpoklum
yesterday
@einpoklum - I'm not saying it's right, only that it's the Supreme Court ruling. They tend to be determinative in the US, I think.
– Obie 2.0
yesterday
@Oble2.0 : I'm not arguing, I'm just asking for their reference. Surely the ruling must have one, right?
– einpoklum
yesterday
2
It's the bit that says “shall receive Ambassadors and other public Ministers."
– Obie 2.0
yesterday
1
@einpoklum no, because it's not a ceremonial duty. It provides the President the authority to conduct the country's foreign affairs. Additionaly, and not covered by the answer, the Department of Foreign Affairs (now State) was established by Congress as an executive department, which also falls under the President in Article II, section 2, clause 1 of the U.S. Constitution.
– RWW
yesterday
|
show 5 more comments
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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.
answered Mar 22 at 22:28
Obie 2.0Obie 2.0
1,799618
Can you quote the place in the constitution where this is stated (or implied)?
– einpoklum
yesterday
@einpoklum - I'm not saying it's right, only that it's the Supreme Court ruling. They tend to be determinative in the US, I think.
– Obie 2.0
yesterday
@Oble2.0 : I'm not arguing, I'm just asking for their reference. Surely the ruling must have one, right?
– einpoklum
yesterday
2
It's the bit that says “shall receive Ambassadors and other public Ministers."
– Obie 2.0
yesterday
1
@einpoklum no, because it's not a ceremonial duty. It provides the President the authority to conduct the country's foreign affairs. Additionaly, and not covered by the answer, the Department of Foreign Affairs (now State) was established by Congress as an executive department, which also falls under the President in Article II, section 2, clause 1 of the U.S. Constitution.
– RWW
yesterday
|
show 5 more comments
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.
answered Mar 22 at 22:28
Obie 2.0Obie 2.0
1,799618
Can you quote the place in the constitution where this is stated (or implied)?
– einpoklum
yesterday
@einpoklum - I'm not saying it's right, only that it's the Supreme Court ruling. They tend to be determinative in the US, I think.
– Obie 2.0
yesterday
@Oble2.0 : I'm not arguing, I'm just asking for their reference. Surely the ruling must have one, right?
– einpoklum
yesterday
2
It's the bit that says “shall receive Ambassadors and other public Ministers."
– Obie 2.0
yesterday
1
@einpoklum no, because it's not a ceremonial duty. It provides the President the authority to conduct the country's foreign affairs. Additionaly, and not covered by the answer, the Department of Foreign Affairs (now State) was established by Congress as an executive department, which also falls under the President in Article II, section 2, clause 1 of the U.S. Constitution.
– RWW
yesterday
|
show 5 more comments
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.
answered Mar 22 at 22:28
Obie 2.0Obie 2.0
1,799618
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.
answered Mar 22 at 22:28
Obie 2.0Obie 2.0
1,799618
edited Mar 23 at 2:16
answered Mar 22 at 22:28
Obie 2.0Obie 2.0
1,799618
answered Mar 22 at 22:28
Obie 2.0Obie 2.0
1,799618
answered Mar 22 at 22:28
Obie 2.0Obie 2.0
1,799618
1,799618
Can you quote the place in the constitution where this is stated (or implied)?
– einpoklum
yesterday
@einpoklum - I'm not saying it's right, only that it's the Supreme Court ruling. They tend to be determinative in the US, I think.
– Obie 2.0
yesterday
@Oble2.0 : I'm not arguing, I'm just asking for their reference. Surely the ruling must have one, right?
– einpoklum
yesterday
2
It's the bit that says “shall receive Ambassadors and other public Ministers."
– Obie 2.0
yesterday
1
@einpoklum no, because it's not a ceremonial duty. It provides the President the authority to conduct the country's foreign affairs. Additionaly, and not covered by the answer, the Department of Foreign Affairs (now State) was established by Congress as an executive department, which also falls under the President in Article II, section 2, clause 1 of the U.S. Constitution.
– RWW
yesterday
|
show 5 more comments
Can you quote the place in the constitution where this is stated (or implied)?
– einpoklum
yesterday
@einpoklum - I'm not saying it's right, only that it's the Supreme Court ruling. They tend to be determinative in the US, I think.
– Obie 2.0
yesterday
@Oble2.0 : I'm not arguing, I'm just asking for their reference. Surely the ruling must have one, right?
– einpoklum
yesterday
2
It's the bit that says “shall receive Ambassadors and other public Ministers."
– Obie 2.0
yesterday
1
@einpoklum no, because it's not a ceremonial duty. It provides the President the authority to conduct the country's foreign affairs. Additionaly, and not covered by the answer, the Department of Foreign Affairs (now State) was established by Congress as an executive department, which also falls under the President in Article II, section 2, clause 1 of the U.S. Constitution.
– RWW
yesterday
Can you quote the place in the constitution where this is stated (or implied)?
– einpoklum
yesterday
Can you quote the place in the constitution where this is stated (or implied)?
– einpoklum
yesterday
@einpoklum - I'm not saying it's right, only that it's the Supreme Court ruling. They tend to be determinative in the US, I think.
– Obie 2.0
yesterday
@einpoklum - I'm not saying it's right, only that it's the Supreme Court ruling. They tend to be determinative in the US, I think.
– Obie 2.0
yesterday
@Oble2.0 : I'm not arguing, I'm just asking for their reference. Surely the ruling must have one, right?
– einpoklum
yesterday
@Oble2.0 : I'm not arguing, I'm just asking for their reference. Surely the ruling must have one, right?
– einpoklum
yesterday
2
2
It's the bit that says “shall receive Ambassadors and other public Ministers."
– Obie 2.0
yesterday
It's the bit that says “shall receive Ambassadors and other public Ministers."
– Obie 2.0
yesterday
1
1
@einpoklum no, because it's not a ceremonial duty. It provides the President the authority to conduct the country's foreign affairs. Additionaly, and not covered by the answer, the Department of Foreign Affairs (now State) was established by Congress as an executive department, which also falls under the President in Article II, section 2, clause 1 of the U.S. Constitution.
– RWW
yesterday
@einpoklum no, because it's not a ceremonial duty. It provides the President the authority to conduct the country's foreign affairs. Additionaly, and not covered by the answer, the Department of Foreign Affairs (now State) was established by Congress as an executive department, which also falls under the President in Article II, section 2, clause 1 of the U.S. Constitution.
– RWW
yesterday
|
show 5 more comments
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