On the recordJuly 16, 2014
next term the Supreme Court will take up a case presenting the question whether a provision of the Foreign Relations Authorization Act for Fiscal Year 2003, which affects the official identification documents of some American citizens born abroad, is constitutional. In 2002, Congress enacted a law permitting U.S. citizens who are born in Jerusalem to have the Secretary of State specify ``Israel'' as their birthplace on their passports and other consular documents. Under existing State Department policy, passports and other documents of U.S. citizens born in Jerusalem may only record ``Jerusalem'' as their place of birth, not ``Israel,'' regardless of the wishes of the child or the parents. Although the President signed the Foreign Relations Authorization Act for fiscal year 2003 into law, in his signing statement he stated that, if the section of the law that included that provision, section 214, were interpreted as mandatory, it would ``interfere with the President's constitutional authority to formulate the position of the United States, speak for the Nation in international affairs, and determine the terms on which recognition is given to foreign states.'' Emphasizing that ``U.S. policy regarding Jerusalem has not changed,'' the Executive has continued to record solely ``Jerusalem'' as the birthplace on passports of all U.S. citizens born in Jerusalem, regardless of their preference and notwithstanding the statute.…





