. Space Industry and Business News .




.
WAR REPORT
Israel passport case sparks debate in top US court
by Staff Writers
Washington (AFP) Nov 7, 2011


It may seem like a case on dull passport rules, but lawyers told the US Supreme Court Monday the question of whether Israel is listed on a passport of a person born in Jerusalem raises key issues on foreign policy and separation of powers.

The top US court heard impassioned arguments on the implications for US foreign policy, the Israeli-Palestinian peace effort and fundamental issues of the authority of the president and Congress in carrying out diplomatic affairs.

The case involves Menachem Zivotofsky, a nine-year-old boy born in 2002 whose US parents sought to list Jerusalem, Israel, as his birthplace, and became entangled in a political struggle on authority over such matters.

The case is complicated because Congress passed a measure as part of a foreign relations law which specifically stated that the State Department shall upon request allow US citizens born in Jerusalem to list their birth county as Israel.

But then-president George W. Bush said in signing the law that he would ignore that provision as unconstitutional interference with the executive authority to conduct foreign policy.

The government, including the succeeding administration of President Barack Obama, has argued that listing Jerusalem as part of Israel on US passports would imply US recognition of the disputed capital, and endanger delicate diplomatic efforts to reach a Middle East peace deal with the Palestinians.

Ari and Naomi Zivotofsky filed a lawsuit in 2004 after State Department officials refused to list Israel as their son Menachem's birthplace. Instead, the birth certificate indicates the boy was born in Jerusalem in 2002.

If Menachem had been born in Tel Aviv or other Israeli cities, his passport would indicate Israel as his place of birth. Under usual practices, US authorities list a country, not a city, as a place of birth.

Nathan Lewin, attorney for the boy's parents, said in oral arguments before the nine justices that the case should not be construed as political, but simply a question of allowing American citizens born in Jerusalem to have the identification they choose.

"This is not a recognition case, this is a passport case," he said.

"We live in a system in which Congress passes the laws and the president is the instrument of foreign policy."

But the comments provoked pointed exchanges with the justices, including Ruth Bader Ginsburg, who told the lawyer: "You say foreign relations is a shared power. So if it is a shared power, why does Congress trump the executive?"

Lewin responded that such a narrow law on passports would not hobble US policy efforts and that Congress still has a role in foreign affairs.

"It is Congress which makes laws, even with regard to foreign policy issues," he said, and noted precedents which would allow passports to contain information on areas in dispute, including Taiwan.

The law, he said, "gives the individual passport holder a choice."

But Chief Justice John Roberts countered that a US citizen born in Northern Ireland "doesn't have that choice even if he thinks that is part of Ireland."

US Solicitor General Donald Verrilli, arguing for the administration, said the constitution gives the executive branch "exclusive recognition power" and added that "the content of the passport is an expression of recognition."

Verrilli said this authority dates back to the early days of the nation when then president George Washington chose to recognize the revolutionary government of France and "concluded it was not necessary to even notify Congress."

He added that because of the sensitivity of the issue, "it is imperative that we speak with one voice" on foreign policy,

But some justices questioned this view as well. Justice Sonia Sotomayor said that if the court agrees with the government view, "we say a president is entitled to ignore Congress. That's a little unsettling."

Justice Stephen Breyer echoed those comments, saying: "There are very few cases when a president can act contrary to Congress."

While Israel has declared Jerusalem its capital, the United States has joined a majority of nations in refraining from recognizing that status for the holy city that Palestinians want as the capital of their future state.

A decision in the case is due before the end of the Supreme Court's current term in June.

Related Links




.
.
Get Our Free Newsletters Via Email
...
Buy Advertising Editorial Enquiries






.

. Comment on this article via your Facebook, Yahoo, AOL, Hotmail login.

Share this article via these popular social media networks
del.icio.usdel.icio.us DiggDigg RedditReddit GoogleGoogle



WAR REPORT
ICRC to clear explosives from Libya's Sirte, Bani Walid
Geneva (AFP) Nov 7, 2011
The International Committee of the Red Cross said Monday it will begin this week to clear unexploded munitions in Libya's Bani Walid and Sirte, where several civilians have been hurt or killed by explosives. "The ICRC will clear unexploded munitions in Sirte and Bani Walid, focusing on the contaminated areas that pose the greatest threat to civilians, especially some of the least destroyed n ... read more


WAR REPORT
Electronics set to power US holiday sales: report

An Incredible Shrinking Material

Tying atomic threads in knots may produce material benefits

GMV Awarded Contract For Paz Satellite Control Center

WAR REPORT
LockMart Provides Affordable Smartphone Tactical Network Capability to US Marine Corps

AEHF-1 Satellite Arrives at Its Operational Orbit After 14-Month Journey

China suspect in US satellite interference: report

Emirates seek French military satellite

WAR REPORT
Arianespace's no. 2 Soyuz begins taking shape for launch from the Spaceport in French Guiana

Vega getting ready for exploitation

MSU satellite orbits the Earth after early morning launch

NASA Launches Multi-Talented Earth-Observing Satellite

WAR REPORT
Russia launches navigation satellites

China envoy loses cool over Indian map error: report

Russia set to launch Proton-M carrier rocket with 3 Glonass-M satellites

Russia to launch four Glonass satellites in November

WAR REPORT
Aviation grappling with new taxes and rules: AAPA

EU sticks to airline carbon rules despite UN opposition

Asia airline body raps EU plan for carbon tax

OGC Team Produces Winning Single European Sky Aviation Proposal

WAR REPORT
Researchers 'create' crystals by computer

The world's most efficient flexible OLED on plastic

A KAIST research team has developed a fully functional flexible memory

UCSB physicists identify room temperature quantum bits in widely used semiconductor

WAR REPORT
Thousand-Color Sensor Reveals Contaminants in Earth and Sea

NASA Launches JPL-Built Earth Science Experiment

Halloween Weekend Snow Paints a Ghostly Picture in the U.S. Northeast

Landsat's TIRS Instrument Comes Out of First Round of Thermal Vacuum Testing

WAR REPORT
Celebrities pressure China over pollution gauge

High toxic levels found at school, market neighboring informal e-waste salvage site in Africa

Excess heavy metals in 10% of China's land: report

Recycling thermal cash register receipts contaminates paper products with BPA


.

The content herein, unless otherwise known to be public domain, are Copyright 1995-2011 - Space Media Network. AFP and UPI Wire Stories are copyright Agence France-Presse and United Press International. ESA Portal Reports are copyright European Space Agency. All NASA sourced material is public domain. Additional copyrights may apply in whole or part to other bona fide parties. Advertising does not imply endorsement,agreement or approval of any opinions, statements or information provided by Space Media Network on any Web page published or hosted by Space Media Network. Privacy Statement