Roberts, C. J., dissenting
majority attempts to reconcile its position by reconceiving § 214(d) as a “mandate that the Executive contradict his prior recognition determination in an official document issued by the Secretary of State.” Ante, at 30. But as just noted, neither Congress nor the Executive Branch regards § 214(d) as a recognition determination, so it is hard to see how the statute could contradict any such determination.
At most, the majority worries that there may be a perceived contradiction based on a mistaken understanding of the effect of § 214(d), insisting that some “observers interpreted § 214 as altering United States policy regarding Jerusalem.” Ante, at 31. To afford controlling weight to such impressions, however, is essentially to subject a duly enacted statute to an international heckler's veto.
Moreover, expanding the President's purportedly exclusive recognition power to include authority to avoid potential misunderstandings of legislative enactments proves far too much. Congress could validly exercise its enumerated powers in countless ways that would create more severe perceived contradictions with Presidential recognition decisions than does § 214(d). If, for example, the President recognized a particular country in opposition to Congress's wishes, Congress could declare war or impose a trade embargo on that country. A neutral observer might well conclude that these legislative actions had, to put it mildly, created a perceived contradiction with the President's recognition decision. And yet each of them would undoubtedly be constitutional. See ante, at 30. So too would statements by nonlegislative actors that might be seen to contradict the President's recognition positions, such as the declaration in a political party platform that “Jerusalem is and will remain the capital of Israel.” Landler, Pushed by Obama, Democrats Alter Platform Over Jerusalem, N. Y. Times, Sept. 6, 2012, p. A14.
Ultimately, the only power that could support the President's position is the one the majority purports to reject: the “exclusive authority to conduct diplomatic relations.” Brief
