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Jerusalem Passport Case: Zivotofsky v. Kerry & its Implications

Editat de Angelo Patton
en Limba Engleză Hardback – 2016
The Supreme Court in its last term by a vote of 6-3 invalidated a statute passed by Congress touching on the status of Jerusalem, affirming the U.S. Court of Appeals for the D.C. Circuit decision in Zivotofsky v. Secretary of State that the Presidents power to recognise foreign sovereigns is exclusive and trumps Congresss authority to regulate passports. The Courts decision in Zivotofsky v. Kerry (Zivotofsky II) represents the first time the Court has struck down a congressionally enacted law on the basis of a separation-of-powers infringement involving a matter of foreign affairs. At the same time, the Court rejected the executive branch assertion that it has exclusive authority to conduct international diplomacy, while endorsing Congresss ample authority to influence the nations foreign affairs. The implications the decision will have on Congresss foreign affairs authority will likely depend on its interpretation by lower courts, as well as the two political branches. This book briefly describes legislative efforts to modify U.S. policy with respect to Jerusalem, in particular multiple enactments of the passport provision. The book next summarises the appellate courts opinion finding the passport measure at issue unconstitutional. Turning to the Supreme Court decision, it presents brief synopses of the petitioners argument, the Secretary of States brief in response, and briefs of amici curiae submitted by the Senate and by some Members of the House of Representatives. The book then summarises the Supreme Court decision, including concurrences and dissents. Finally, the book concludes by suggesting possible implications of the decision with respect to Congresss authority to influence foreign affairs.
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Specificații

ISBN-13: 9781634842952
ISBN-10: 1634842952
Pagini: 103
Dimensiuni: 155 x 230 x 13 mm
Greutate: 0.3 kg
Editura: Nova Science Publishers Inc
Colecția Nova Science Publishers Inc

Cuprins

Preface; Zivotofsky v. Kerry: The Jerusalem Passport Case & Its Potential Implications for Congresss Foreign Affairs Powers; Decision of the Supreme Court of the United States in the case of Zivotofsky, by his Parents & Guardians, Zivotofsky et ux v. Kerry, Secretary of State; Index.