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Can the US President recognize Israel’s sovereignty over the Golan Heights for the USA or does that need an act of Congress?
The Next CEO of Stack OverflowIn the US, can the President recognize changes in sovereignty himself?Why didn't the USA take measures to stop China from becoming the new superpower whilst it could?Legality of Syrian invasion by US and alliesCan the current President of the United States block the transfer of their office to the next elected president?Would the Trump administration be breaching the United Nations Convention against Torture if they bring back interrogative torture?Didn't the USA need to declare war before launching the missiles on April 6th 2017?Could a POTUS be prosecuted under the Espionage Act of 1917Can the US president unilaterally hurt Congress members financially?Wrongfully influencing a private entity’s employment decision/practice, Is this law being violated?Why is presidential approval needed for Congress to end a war it did not approve?Electoral considerations aside, what are potential benefits, for the US, of policy changes proposed by the tweet recognizing Golan annexation?
President Trump has tweeted that the USA should "fully recognize Israel’s Sovereignty over the Golan Heights" - directly contradicting United Nations Security Council Resolution 497 from 1981.
Can the President effect that "on their own" or would it need some act of Congress?
united-states president congress foreign-policy separation-of-powers
asked Mar 22 at 21:53
Martin SchröderMartin Schröder
1,1681933
add a comment |
President Trump has tweeted that the USA should "fully recognize Israel’s Sovereignty over the Golan Heights" - directly contradicting United Nations Security Council Resolution 497 from 1981.
Can the President effect that "on their own" or would it need some act of Congress?
united-states president congress foreign-policy separation-of-powers
asked Mar 22 at 21:53
Martin SchröderMartin Schröder
1,1681933
add a comment |
President Trump has tweeted that the USA should "fully recognize Israel’s Sovereignty over the Golan Heights" - directly contradicting United Nations Security Council Resolution 497 from 1981.
Can the President effect that "on their own" or would it need some act of Congress?
united-states president congress foreign-policy separation-of-powers
asked Mar 22 at 21:53
Martin SchröderMartin Schröder
1,1681933
President Trump has tweeted that the USA should "fully recognize Israel’s Sovereignty over the Golan Heights" - directly contradicting United Nations Security Council Resolution 497 from 1981.
Can the President effect that "on their own" or would it need some act of Congress?
united-states president congress foreign-policy separation-of-powers
united-states president congress foreign-policy separation-of-powers
asked Mar 22 at 21:53
Martin SchröderMartin Schröder
1,1681933
asked Mar 22 at 21:53
Martin SchröderMartin Schröder
1,1681933
edited Mar 22 at 22:30
Martin Schröder
asked Mar 22 at 21:53
Martin SchröderMartin Schröder
1,1681933
asked Mar 22 at 21:53
Martin SchröderMartin Schröder
1,1681933
asked Mar 22 at 21:53
Martin SchröderMartin Schröder
1,1681933
1,1681933
add a comment |
add a comment |
1 Answer
1
active
oldest
votes
Essentially, yes
By current precedent from the US Supreme Court, the US president not only has authority to recognize foreign nations, but exclusive authority. The pertinent case is Zivotofsky v. Kerry, where a couple wanted to list the birthplace of their child as "Jerusalem, Israel." At that time the State Department of the United States did not recognize Jerusalem as the capital of Israel, or in fact technically as part of Israel. Congress had passed a law allowing for precisely this case:
RECORD OF PLACE OF BIRTH AS ISRAEL FOR PASSPORT PURPOSES.—For
purposes of the registration of birth, certification of nationality,
or issuance of a passport of a United States citizen born in the city
of Jerusalem, the Secretary shall, upon the request of the citizen or
the citizen’s legal guardian, record the place of birth as Israel.
When the case went to the Supreme Court, this portion of the law was found to be an unconstitutional restriction on the power of the President to recognize foreign nations, and the power of the president to do so was reaffirmed.
Held: 1. The President has the exclusive power to grant formal
recognition to a foreign sovereign. Pp. 6–26.
As such, it is within the US president's power to recognize the Golan Heights as being part of Israel, or not, without congressional support.
answered Mar 22 at 22:28
Obie 2.0Obie 2.0
1,882718
Can you quote the place in the constitution where this is stated (or implied)?
– einpoklum
Mar 25 at 17:46
@einpoklum - I'm not saying it's right, only that it's the Supreme Court ruling. They tend to be determinative in the US, I think.
– Obie 2.0
Mar 25 at 18:02
@Oble2.0 : I'm not arguing, I'm just asking for their reference. Surely the ruling must have one, right?
– einpoklum
Mar 25 at 18:46
2
It's the bit that says “shall receive Ambassadors and other public Ministers."
– Obie 2.0
Mar 25 at 18:52
1
@einpoklum no, because it's not a ceremonial duty. It provides the President the authority to conduct the country's foreign affairs. Additionaly, and not covered by the answer, the Department of Foreign Affairs (now State) was established by Congress as an executive department, which also falls under the President in Article II, section 2, clause 1 of the U.S. Constitution.
– RWW
Mar 25 at 20:45
|
show 5 more comments
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1 Answer
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1 Answer
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oldest
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Essentially, yes
By current precedent from the US Supreme Court, the US president not only has authority to recognize foreign nations, but exclusive authority. The pertinent case is Zivotofsky v. Kerry, where a couple wanted to list the birthplace of their child as "Jerusalem, Israel." At that time the State Department of the United States did not recognize Jerusalem as the capital of Israel, or in fact technically as part of Israel. Congress had passed a law allowing for precisely this case:
RECORD OF PLACE OF BIRTH AS ISRAEL FOR PASSPORT PURPOSES.—For
purposes of the registration of birth, certification of nationality,
or issuance of a passport of a United States citizen born in the city
of Jerusalem, the Secretary shall, upon the request of the citizen or
the citizen’s legal guardian, record the place of birth as Israel.
When the case went to the Supreme Court, this portion of the law was found to be an unconstitutional restriction on the power of the President to recognize foreign nations, and the power of the president to do so was reaffirmed.
Held: 1. The President has the exclusive power to grant formal
recognition to a foreign sovereign. Pp. 6–26.
As such, it is within the US president's power to recognize the Golan Heights as being part of Israel, or not, without congressional support.
answered Mar 22 at 22:28
Obie 2.0Obie 2.0
1,882718
Can you quote the place in the constitution where this is stated (or implied)?
– einpoklum
Mar 25 at 17:46
@einpoklum - I'm not saying it's right, only that it's the Supreme Court ruling. They tend to be determinative in the US, I think.
– Obie 2.0
Mar 25 at 18:02
@Oble2.0 : I'm not arguing, I'm just asking for their reference. Surely the ruling must have one, right?
– einpoklum
Mar 25 at 18:46
2
It's the bit that says “shall receive Ambassadors and other public Ministers."
– Obie 2.0
Mar 25 at 18:52
1
@einpoklum no, because it's not a ceremonial duty. It provides the President the authority to conduct the country's foreign affairs. Additionaly, and not covered by the answer, the Department of Foreign Affairs (now State) was established by Congress as an executive department, which also falls under the President in Article II, section 2, clause 1 of the U.S. Constitution.
– RWW
Mar 25 at 20:45
|
show 5 more comments
Essentially, yes
By current precedent from the US Supreme Court, the US president not only has authority to recognize foreign nations, but exclusive authority. The pertinent case is Zivotofsky v. Kerry, where a couple wanted to list the birthplace of their child as "Jerusalem, Israel." At that time the State Department of the United States did not recognize Jerusalem as the capital of Israel, or in fact technically as part of Israel. Congress had passed a law allowing for precisely this case:
RECORD OF PLACE OF BIRTH AS ISRAEL FOR PASSPORT PURPOSES.—For
purposes of the registration of birth, certification of nationality,
or issuance of a passport of a United States citizen born in the city
of Jerusalem, the Secretary shall, upon the request of the citizen or
the citizen’s legal guardian, record the place of birth as Israel.
When the case went to the Supreme Court, this portion of the law was found to be an unconstitutional restriction on the power of the President to recognize foreign nations, and the power of the president to do so was reaffirmed.
Held: 1. The President has the exclusive power to grant formal
recognition to a foreign sovereign. Pp. 6–26.
As such, it is within the US president's power to recognize the Golan Heights as being part of Israel, or not, without congressional support.
answered Mar 22 at 22:28
Obie 2.0Obie 2.0
1,882718
Can you quote the place in the constitution where this is stated (or implied)?
– einpoklum
Mar 25 at 17:46
@einpoklum - I'm not saying it's right, only that it's the Supreme Court ruling. They tend to be determinative in the US, I think.
– Obie 2.0
Mar 25 at 18:02
@Oble2.0 : I'm not arguing, I'm just asking for their reference. Surely the ruling must have one, right?
– einpoklum
Mar 25 at 18:46
2
It's the bit that says “shall receive Ambassadors and other public Ministers."
– Obie 2.0
Mar 25 at 18:52
1
@einpoklum no, because it's not a ceremonial duty. It provides the President the authority to conduct the country's foreign affairs. Additionaly, and not covered by the answer, the Department of Foreign Affairs (now State) was established by Congress as an executive department, which also falls under the President in Article II, section 2, clause 1 of the U.S. Constitution.
– RWW
Mar 25 at 20:45
|
show 5 more comments
Essentially, yes
By current precedent from the US Supreme Court, the US president not only has authority to recognize foreign nations, but exclusive authority. The pertinent case is Zivotofsky v. Kerry, where a couple wanted to list the birthplace of their child as "Jerusalem, Israel." At that time the State Department of the United States did not recognize Jerusalem as the capital of Israel, or in fact technically as part of Israel. Congress had passed a law allowing for precisely this case:
RECORD OF PLACE OF BIRTH AS ISRAEL FOR PASSPORT PURPOSES.—For
purposes of the registration of birth, certification of nationality,
or issuance of a passport of a United States citizen born in the city
of Jerusalem, the Secretary shall, upon the request of the citizen or
the citizen’s legal guardian, record the place of birth as Israel.
When the case went to the Supreme Court, this portion of the law was found to be an unconstitutional restriction on the power of the President to recognize foreign nations, and the power of the president to do so was reaffirmed.
Held: 1. The President has the exclusive power to grant formal
recognition to a foreign sovereign. Pp. 6–26.
As such, it is within the US president's power to recognize the Golan Heights as being part of Israel, or not, without congressional support.
answered Mar 22 at 22:28
Obie 2.0Obie 2.0
1,882718
Essentially, yes
By current precedent from the US Supreme Court, the US president not only has authority to recognize foreign nations, but exclusive authority. The pertinent case is Zivotofsky v. Kerry, where a couple wanted to list the birthplace of their child as "Jerusalem, Israel." At that time the State Department of the United States did not recognize Jerusalem as the capital of Israel, or in fact technically as part of Israel. Congress had passed a law allowing for precisely this case:
RECORD OF PLACE OF BIRTH AS ISRAEL FOR PASSPORT PURPOSES.—For
purposes of the registration of birth, certification of nationality,
or issuance of a passport of a United States citizen born in the city
of Jerusalem, the Secretary shall, upon the request of the citizen or
the citizen’s legal guardian, record the place of birth as Israel.
When the case went to the Supreme Court, this portion of the law was found to be an unconstitutional restriction on the power of the President to recognize foreign nations, and the power of the president to do so was reaffirmed.
Held: 1. The President has the exclusive power to grant formal
recognition to a foreign sovereign. Pp. 6–26.
As such, it is within the US president's power to recognize the Golan Heights as being part of Israel, or not, without congressional support.
answered Mar 22 at 22:28
Obie 2.0Obie 2.0
1,882718
edited Mar 23 at 2:16
answered Mar 22 at 22:28
Obie 2.0Obie 2.0
1,882718
answered Mar 22 at 22:28
Obie 2.0Obie 2.0
1,882718
answered Mar 22 at 22:28
Obie 2.0Obie 2.0
1,882718
1,882718
Can you quote the place in the constitution where this is stated (or implied)?
– einpoklum
Mar 25 at 17:46
@einpoklum - I'm not saying it's right, only that it's the Supreme Court ruling. They tend to be determinative in the US, I think.
– Obie 2.0
Mar 25 at 18:02
@Oble2.0 : I'm not arguing, I'm just asking for their reference. Surely the ruling must have one, right?
– einpoklum
Mar 25 at 18:46
2
It's the bit that says “shall receive Ambassadors and other public Ministers."
– Obie 2.0
Mar 25 at 18:52
1
@einpoklum no, because it's not a ceremonial duty. It provides the President the authority to conduct the country's foreign affairs. Additionaly, and not covered by the answer, the Department of Foreign Affairs (now State) was established by Congress as an executive department, which also falls under the President in Article II, section 2, clause 1 of the U.S. Constitution.
– RWW
Mar 25 at 20:45
|
show 5 more comments
Can you quote the place in the constitution where this is stated (or implied)?
– einpoklum
Mar 25 at 17:46
@einpoklum - I'm not saying it's right, only that it's the Supreme Court ruling. They tend to be determinative in the US, I think.
– Obie 2.0
Mar 25 at 18:02
@Oble2.0 : I'm not arguing, I'm just asking for their reference. Surely the ruling must have one, right?
– einpoklum
Mar 25 at 18:46
2
It's the bit that says “shall receive Ambassadors and other public Ministers."
– Obie 2.0
Mar 25 at 18:52
1
@einpoklum no, because it's not a ceremonial duty. It provides the President the authority to conduct the country's foreign affairs. Additionaly, and not covered by the answer, the Department of Foreign Affairs (now State) was established by Congress as an executive department, which also falls under the President in Article II, section 2, clause 1 of the U.S. Constitution.
– RWW
Mar 25 at 20:45
Can you quote the place in the constitution where this is stated (or implied)?
– einpoklum
Mar 25 at 17:46
Can you quote the place in the constitution where this is stated (or implied)?
– einpoklum
Mar 25 at 17:46
@einpoklum - I'm not saying it's right, only that it's the Supreme Court ruling. They tend to be determinative in the US, I think.
– Obie 2.0
Mar 25 at 18:02
@einpoklum - I'm not saying it's right, only that it's the Supreme Court ruling. They tend to be determinative in the US, I think.
– Obie 2.0
Mar 25 at 18:02
@Oble2.0 : I'm not arguing, I'm just asking for their reference. Surely the ruling must have one, right?
– einpoklum
Mar 25 at 18:46
@Oble2.0 : I'm not arguing, I'm just asking for their reference. Surely the ruling must have one, right?
– einpoklum
Mar 25 at 18:46
2
2
It's the bit that says “shall receive Ambassadors and other public Ministers."
– Obie 2.0
Mar 25 at 18:52
It's the bit that says “shall receive Ambassadors and other public Ministers."
– Obie 2.0
Mar 25 at 18:52
1
1
@einpoklum no, because it's not a ceremonial duty. It provides the President the authority to conduct the country's foreign affairs. Additionaly, and not covered by the answer, the Department of Foreign Affairs (now State) was established by Congress as an executive department, which also falls under the President in Article II, section 2, clause 1 of the U.S. Constitution.
– RWW
Mar 25 at 20:45
@einpoklum no, because it's not a ceremonial duty. It provides the President the authority to conduct the country's foreign affairs. Additionaly, and not covered by the answer, the Department of Foreign Affairs (now State) was established by Congress as an executive department, which also falls under the President in Article II, section 2, clause 1 of the U.S. Constitution.
– RWW
Mar 25 at 20:45
|
show 5 more comments
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