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ZIVOTOFSKY v. KERRY

Opinion of Thomas, J.

Executive and vested in the President by the Constitution.” Ibid.

Washington followed this advice. He corresponded directly with U. S. ministers, moved them among countries, and removed them from their positions at will. Prakash & Ramsey 308–309. He also corresponded with foreign leaders, representing that his role as the “ `supreme executive authority' ” authorized him to receive and respond to their letters on behalf of the United States. Id., at 317. When foreign ministers addressed their communications to Congress, he informed them of their error. Id., at 321.

Washington's control over foreign affairs extended beyond communications with other governments. When confronted with the question whether to recognize the French Republic as the lawful government of France, he received the French Republic's emissary without the involvement of Congress. Id., at 312. When he later concluded that the emissary had acted inappropriately, he again acted without the involvement of Congress to ask the French executive to recall him. Id., at 314–315. Washington also declared neutrality on behalf of the United States during the war between England and France in 1793, see Proclamation of Neutrality (Apr. 22, 1793), an action Hamilton pseudonymously defended as a proper exercise of the power vested in the President by the “general grant” of executive power in the Vesting Clause. Pacifcus No. 1 (June 29, 1793), Letters of Pacifcus and Helvidius 10 (1845); id., at 3. For its part, Congress applauded the President's decision. 4 Annals of Cong. 18, 138 (1793).

In short, the practices of the Washington administration and First Congress confirm that Article II's Vesting Clause was originally understood to include a grant of residual foreign affairs power to the Executive.

II

The statutory provision at issue implicates the President's residual foreign affairs power. Section 214(d) instructs the Secretary of State, upon request of a citizen born in Jerusa-