Lower Court Holding in Zivotofsky v. Clinton
Presidential Power and Congressional Influence
It has been the longstanding policy of the United States to take no side in the contentious debate over whether Jerusalem is part of Israel. In this case, the Federal courts are asked to direct the secretary of state to contravene that policy and record in official documents that Israel is the birthplace of a U.S. citizen born in Jerusalem. Because the judiciary has no authority to order the Executive Branch to change the nation’s foreign policy in this matter, this case is nonjusticiable under the political question doctrine. Case Background That the United States expresses no official view…
