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Zivotofsky v. Kerry
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| Zivotofsky v. Kerry | |
| Court | Supreme Court of the United States |
|---|---|
| Citation | |
| Date decided | June 8, 2015 |
| Case Opinions | |
| majority | written by Anthony Kennedy joined by Ginsburg, Breyer, Sotomayor, Kagan |
Issues
What is the extent of the powers of POTUS in foreign affairs?
Can the President recognize a foreign nation without input from Congress?Holding
The President has the sole power to recognize a foreign sovereign.
Reasons
Justice Anthony Kennedy wrote, "Despite the importance of the recognition power in foreign relations, the Constitution does not use the term “recognition,” either in Article II or elsewhere. The Secretary [of State] asserts that the President exercises the recognition power based on the Reception Clause, which directs that the President “shall receive Ambassadors and other public Ministers.”
Case Text Links
