Opinion of the Court
Justice Kennedy delivered the opinion of the Court.
A delicate subject lies in the background of this case. That subject is Jerusalem. Questions touching upon the history of the ancient city and its present legal and international status are among the most diffcult and complex in international affairs. In our constitutional system these matters are committed to the Legislature and the Executive, not the Judiciary. As a result, in this opinion the Court does no more, and must do no more, than note the existence of international debate and tensions respecting Jerusalem. Those matters are for Congress and the President to discuss and consider as they seek to shape the Nation's foreign policies.
The Court addresses two questions to resolve the interbranch dispute now before it. First, it must determine whether the President has the exclusive power to grant formal recognition to a foreign sovereign. Second, if he has that power, the Court must determine whether Congress can command the President and his Secretary of State to issue a formal statement that contradicts the earlier recognition. The statement in question here is a congressional mandate that allows a United States citizen born in Jerusalem to direct the President and Secretary of State, when issuing his passport, to state that his place of birth is “Israel.”
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A
Jerusalem's political standing has long been, and remains, one of the most sensitive issues in American foreign policy,
Bryan, Grant R. Vinik, and Thomas E. Caballero; and for the Zionist Organization of America by Susan B. Tuchman and David I. Schoen.
Briefs of amici curiae urging affirmance were filed for the American-Arab Anti-Discrimination Committee by Abed A. Ayoub; and for David Boyle by Mr. Boyle, pro se
Briefs of amici curiae were filed for True Torah Jews Inc. by Philip Fertik; and for Louis Fisher by Charles Tiefer.
