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The Law Jerusalem Passport Case: Judicial Error and the Expansion of the President's Recognition Power
Author(s) -
Adler David Gray
Publication year - 2014
Publication title -
presidential studies quarterly
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.337
H-Index - 5
eISSN - 1741-5705
pISSN - 0360-4918
DOI - 10.1111/psq.12136
Subject(s) - presidential system , law , political science , power (physics) , legislation , foreign policy , executive power , politics , physics , quantum mechanics
Presidential power to recognize foreign nations and governments, exercised since the dawn of the republic, has never been viewed as exclusive. Indeed, C ongress has enacted legislation that conferred recognition upon foreign countries. Recently, however, the U nited S tates Court of Appeals for the D istrict of C olumbia, in Z ivotofsky v. S ecretary of S tate , asserted for the first time in A merican history an exclusive presidential power of recognition. This conclusion, built on a flawed historical record and faulty judicial premises stemming from U nited S tates v. C urtiss‐ W right E xport C orp. , exaggerates executive authority and ignores the largely ministerial role assigned to the president in receiving ambassadors and foreign ministers.