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Menachem Zivotofsky's passport says he was born in Jerusalem; his parents wanted it to say he was born in Israel.
Menachem Zivotofsky’s passport says he was born in Jerusalem; his parents wanted it to say he was born in Israel.
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WASHINGTON — The Supreme Court struck down as unconstitutional Monday a congressional attempt to allow Americans born in the contested city of Jerusalem to list Israel as their birthplace on passports, affirming the principle that the president alone has the power to recognize foreign nations.

The divided court treaded carefully in dealing with the “delicate subject” that is Jerusalem’s sovereignty, as well as previously unsettled disputes between presidents and Congress about the conduct of foreign policy.

But a majority of the court came down decisively on the side of the executive branch when the question is the recognition of foreign countries and their territorial boundaries.

Every president since President Harry Truman has declared that the recognition of Israel as a close and trusted ally does not include agreement about the disputed sovereignty of Jerusalem. Israelis and Arabs assert claims on the city, and the U.S. has said neutrality on its part is essential in trying to broker a lasting peace in the area.

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