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Constitutional Law Keyed to Chemerinsky
Zivotofsky v. Kerry
Citation:
135 S. CT. 2076 (2015)Facts
In 1948, President Truman formally recognized Israel in a signed statement but the statement did not recognize Israeli sovereignty over Jerusalem. Since then, neither President nor any subsequent U.S President has issued an official statement or declaration acknowledging any country’s sovereignty over Jerusalem. The President’s position on Jerusalem is reflected in State Department policy regarding passports and the State Department’s Foreign Affairs Manual (FAM) instructs its employees to record the place of birth for citizens born in Jerusalem as “Jerusalem,” with no inclusion of Israel. In 2002, Congress passed the Foreign Relations Authorization Act, seeking to override the FAM by allowing citizens born in Jerusalem to list their place of birth as “Israel.” In 2002, the petitioner, born in Jerusalem, sought to put “Jerusalem, Israel” as his place of birth, but the Embassy rejected pursuant to the State Department policy.
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