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Can the US President recognize Israel’s sovereignty over the Golan Heights for the USA or does that need an act of Congress?


Why didn't the USA (west) take measures to stop China from became the new superpower while they can?Legality of Syrian invasion by US and alliesCan the current President of the United States block the transfer of their office to the next elected president?Would the Trump administration be breaching the United Nations Convention against Torture if they bring back interrogative torture?Didn't the USA need to declare war before launching the missiles on April 6th 2017?Could a POTUS be prosecuted under the Espionage Act of 1917Can the US president unilaterally hurt Congress members financially?Wrongfully influencing a private entity’s employment decision/practice, Is this law being violated?Why is presidential approval needed for Congress to end a war it did not approve?Electoral considerations aside, what are potential benefits, for the US, of policy changes proposed by the tweet recognizing Golan annexation?













6















President Trump has tweeted that the USA should "fully recognize Israel’s Sovereignty over the Golan Heights" - directly contradicting United Nations Security Council Resolution 497 from 1981.



Can the President effect that "on their own" or would it need some act of Congress?










share|improve this question




























    6















    President Trump has tweeted that the USA should "fully recognize Israel’s Sovereignty over the Golan Heights" - directly contradicting United Nations Security Council Resolution 497 from 1981.



    Can the President effect that "on their own" or would it need some act of Congress?










    share|improve this question


























      6












      6








      6


      1






      President Trump has tweeted that the USA should "fully recognize Israel’s Sovereignty over the Golan Heights" - directly contradicting United Nations Security Council Resolution 497 from 1981.



      Can the President effect that "on their own" or would it need some act of Congress?










      share|improve this question
















      President Trump has tweeted that the USA should "fully recognize Israel’s Sovereignty over the Golan Heights" - directly contradicting United Nations Security Council Resolution 497 from 1981.



      Can the President effect that "on their own" or would it need some act of Congress?







      united-states president congress foreign-policy separation-of-powers






      share|improve this question















      share|improve this question













      share|improve this question




      share|improve this question








      edited 4 hours ago







      Martin Schröder

















      asked 4 hours ago









      Martin SchröderMartin Schröder

      1,1371932




      1,1371932




















          1 Answer
          1






          active

          oldest

          votes


















          8














          Essentially, yes



          By current precedent from the US Supreme Court, the US president not only has authority to recognize foreign nations, but exclusive authority. The pertinent case is Zivotofsky v. Kerry, where a couple wanted to list the birthplace of their child as "Jerusalem, Israel." At that time the State Department of the United States did not recognize Jerusalem as the capital of Israel, or in fact technically as part of Israel. Congress had passed a law allowing for precisely this case:




          RECORD OF PLACE OF BIRTH AS ISRAEL FOR PASSPORT PURPOSES.—For
          purposes of the registration of birth, certification of nationality,
          or issuance of a passport of a United States citizen born in the city
          of Jerusalem, the Secretary shall, upon the request of the citizen or
          the citizen’s legal guardian, record the place of birth as Israel.




          When the case went to the Supreme Court, this portion of the law was found to be an unconstitutional restriction on the power of the President to recognize foreign nations, and the power of the president to do so was reaffirmed.




          Held: 1. The President has the exclusive power to grant formal
          recognition to a foreign sovereign. Pp. 6–26.




          As such, it is within the US president's power to recognize the Golan Heights as being part of Israel, or not, without congressional support.






          share|improve this answer
























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            1 Answer
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            active

            oldest

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            active

            oldest

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            8














            Essentially, yes



            By current precedent from the US Supreme Court, the US president not only has authority to recognize foreign nations, but exclusive authority. The pertinent case is Zivotofsky v. Kerry, where a couple wanted to list the birthplace of their child as "Jerusalem, Israel." At that time the State Department of the United States did not recognize Jerusalem as the capital of Israel, or in fact technically as part of Israel. Congress had passed a law allowing for precisely this case:




            RECORD OF PLACE OF BIRTH AS ISRAEL FOR PASSPORT PURPOSES.—For
            purposes of the registration of birth, certification of nationality,
            or issuance of a passport of a United States citizen born in the city
            of Jerusalem, the Secretary shall, upon the request of the citizen or
            the citizen’s legal guardian, record the place of birth as Israel.




            When the case went to the Supreme Court, this portion of the law was found to be an unconstitutional restriction on the power of the President to recognize foreign nations, and the power of the president to do so was reaffirmed.




            Held: 1. The President has the exclusive power to grant formal
            recognition to a foreign sovereign. Pp. 6–26.




            As such, it is within the US president's power to recognize the Golan Heights as being part of Israel, or not, without congressional support.






            share|improve this answer





























              8














              Essentially, yes



              By current precedent from the US Supreme Court, the US president not only has authority to recognize foreign nations, but exclusive authority. The pertinent case is Zivotofsky v. Kerry, where a couple wanted to list the birthplace of their child as "Jerusalem, Israel." At that time the State Department of the United States did not recognize Jerusalem as the capital of Israel, or in fact technically as part of Israel. Congress had passed a law allowing for precisely this case:




              RECORD OF PLACE OF BIRTH AS ISRAEL FOR PASSPORT PURPOSES.—For
              purposes of the registration of birth, certification of nationality,
              or issuance of a passport of a United States citizen born in the city
              of Jerusalem, the Secretary shall, upon the request of the citizen or
              the citizen’s legal guardian, record the place of birth as Israel.




              When the case went to the Supreme Court, this portion of the law was found to be an unconstitutional restriction on the power of the President to recognize foreign nations, and the power of the president to do so was reaffirmed.




              Held: 1. The President has the exclusive power to grant formal
              recognition to a foreign sovereign. Pp. 6–26.




              As such, it is within the US president's power to recognize the Golan Heights as being part of Israel, or not, without congressional support.






              share|improve this answer



























                8












                8








                8







                Essentially, yes



                By current precedent from the US Supreme Court, the US president not only has authority to recognize foreign nations, but exclusive authority. The pertinent case is Zivotofsky v. Kerry, where a couple wanted to list the birthplace of their child as "Jerusalem, Israel." At that time the State Department of the United States did not recognize Jerusalem as the capital of Israel, or in fact technically as part of Israel. Congress had passed a law allowing for precisely this case:




                RECORD OF PLACE OF BIRTH AS ISRAEL FOR PASSPORT PURPOSES.—For
                purposes of the registration of birth, certification of nationality,
                or issuance of a passport of a United States citizen born in the city
                of Jerusalem, the Secretary shall, upon the request of the citizen or
                the citizen’s legal guardian, record the place of birth as Israel.




                When the case went to the Supreme Court, this portion of the law was found to be an unconstitutional restriction on the power of the President to recognize foreign nations, and the power of the president to do so was reaffirmed.




                Held: 1. The President has the exclusive power to grant formal
                recognition to a foreign sovereign. Pp. 6–26.




                As such, it is within the US president's power to recognize the Golan Heights as being part of Israel, or not, without congressional support.






                share|improve this answer















                Essentially, yes



                By current precedent from the US Supreme Court, the US president not only has authority to recognize foreign nations, but exclusive authority. The pertinent case is Zivotofsky v. Kerry, where a couple wanted to list the birthplace of their child as "Jerusalem, Israel." At that time the State Department of the United States did not recognize Jerusalem as the capital of Israel, or in fact technically as part of Israel. Congress had passed a law allowing for precisely this case:




                RECORD OF PLACE OF BIRTH AS ISRAEL FOR PASSPORT PURPOSES.—For
                purposes of the registration of birth, certification of nationality,
                or issuance of a passport of a United States citizen born in the city
                of Jerusalem, the Secretary shall, upon the request of the citizen or
                the citizen’s legal guardian, record the place of birth as Israel.




                When the case went to the Supreme Court, this portion of the law was found to be an unconstitutional restriction on the power of the President to recognize foreign nations, and the power of the president to do so was reaffirmed.




                Held: 1. The President has the exclusive power to grant formal
                recognition to a foreign sovereign. Pp. 6–26.




                As such, it is within the US president's power to recognize the Golan Heights as being part of Israel, or not, without congressional support.







                share|improve this answer














                share|improve this answer



                share|improve this answer








                edited 35 mins ago

























                answered 4 hours ago









                Obie 2.0Obie 2.0

                1,488316




                1,488316



























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