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Constitutional Law Keyed to Paulsen
Zivotofsky ex rel. Zivotofsky v. Kerry (Zivotofsky II)
Citation:
576 U.S. 1 (2015)Facts
Petitioner Menachem Binyamin Zivotofsky was born in Jerusalem in 2002 to United States citizens living there. His mother requested that American Embassy officials list his place of birth as “Israel” on his passport and consular report of birth abroad, pursuant to Section 214(d) of the Foreign Relations Authorization Act, Fiscal Year 2003. This statute provides that for purposes of birth registration, nationality certification, or passport issuance for U.S. citizens born in Jerusalem, the Secretary of State shall, upon request, record the place of birth as Israel. Embassy officials refused this request, citing the Executive Branch’s longstanding position that the United States does not recognize any country as having sovereignty over Jerusalem. The Executive has maintained since 1948, when President Truman recognized Israel as a state, that Jerusalem’s status should be determined through negotiation rather than unilateral declaration. Zivotofsky’s parents brought suit seeking to enforce the statute.
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