The United States Court of Appeals for the DC Circuit ruled unanimously on Tuesday that Congress had no right to pass a law that allow 11-year old
Menachem Binyamin Zivotofsky to have his birthplace listed on his US passport as "Jerusalem, Israel." And so, Menachem's parents, Ari and Naomi Zivotofsky are once again going to
appeal to the Supreme Court of the United States.
A unanimous three-judge panel of the US Court of Appeals for the
District of Columbia Circuit ruled that the president - and not
lawmakers - had sole authority to say who controls the historic holy
city claimed by Israelis and Palestinians.
In the US government,
the president "exclusively holds the power to determine whether to
recognize a foreign sovereign," wrote Judge Karen Henderson for the
panel.
Since the founding of Israel in 1948, US presidents have
declined to state a position on the status of Jerusalem, leaving it as
one of the thorniest issues to be resolved in possible future peace
talks.
...
The Zivotofskys plan to ask the high court's opinion again, their lawyer, Nathan Lewin, said on Tuesday.
"Today's
majority and concurring decisions acknowledge that the constitutional
issue presented by this case is significant and calls for resolution by
the Supreme Court," Lewin said in a statement.
An estimated
50,000 American citizens were born in Jerusalem and could have used the
law, if it were enforced, to list Israel as their birthplace.
Four of Mrs. Carl's and my children were born in Jerusalem, Israel.
Congress does have long-recognized legally recognized Constitutional authority on the question of Citizenship. For example, among the numerous laws passed by Congress concerning citizenship, naturalization, etc. is a law passed before WW2 (the name of the act escapes me) stating that babies born to American citizens stationed abroad by the US Govt, such as military or diplomatic personnel, were automatically presumed by US law to be native-born American citizens.
ReplyDeleteAmong the American Citizens having such status is Senator John McCain. His father was an Annapolis grad and a career Navy officer, as was Senator McCain himself. McCain's father was stationed at the US Navy base in the Panama Canal Zone when Senator McCain was born there in 1936. If it were not for this Congressional exercise of it's legislative authority in passing this act, signed by Pres. Roosevelt, Senator McCain wouldn't have been legally able to run for President, or even hold his Navy commission, all commissioned military or naval officers being required by another Act of Congress to be American citizens.
Congress passed that law in this matter in 2002 dictating that Americans living in Jerusalem could label their children’s birthplace “Israel,” but the arrogant, arbitrary State Department has refused to acknowledge that law for over a decade.
I'm no lawyer but it seems to me in light of this 2002 Act of Congress, along with all the other Acts of Congress regarding Citizenship, Congress does have much long-settled legal authority in this area.
Carl, you're the lawyer here, especially since, as you mentioned, it affects some of your own children, Do you have any comments?
If you send a letter abroad, the Address consists of name, Street, City and Country.
ReplyDeleteSo if someone sends a letter to a person in Jerusalem, in what country is the recepient of this letter?
What would the American Postal Services say?
For me,Jerusalem is the eternal Capital of the State of Israel!!!!!