What the Jerusalem Passport Case Means for the Constitution

Last week, the Supreme Court heard the case of Ari Zivotofsky, a boy born in Jerusalem whose parents want his country of birth to be listed on his passport. (It currently reads only “Jerusalem.”) The legalities of the case are straightforward: Congress passed a law requiring that such passports read “Jerusalem, Israel”; the executive branch has ignored the law, claiming management of these matters as its prerogative. At issue here, argues Yishai Schwartz, is whether Congress supervises foreign policy, while allowing considerable discretion to the executive, or the president's power in foreign affairs is absolute. It would be good, writes Schwartz, for the Court to make clear that the Constitution establishes the former view.