web analytics
April 18, 2014 / 18 Nisan, 5774
At a Glance
InDepth
Sponsored Post
Spa 1.2 Combining Modern Living in Traditional Jerusalem

A unique and prestigious residential project in now being built in Mekor Haim Street in Jerusalem.



The Zivotofsky Case And U.S. Foreign Policy

Share Button

The Supreme Court has yet to deliver a final word on whether American citizens born in Jerusalem can have their passports list “Israel” as their place of birth if they so choose. Last week, however, the U.S. Court of Appeals for the District of Columbia Circuit, in the case of Benjamin Zivotofsky, invalidated a federal law authorizing such recordation on the grounds that the president has exclusive power to conduct the foreign affairs of the United States.

The Zivotofskys’ lawyer, noted constitutional litigator Nathan Lewin, has said he will pursue a decision from the Supreme Court. In the meantime, we think a short exploration of who controls U.S. foreign policy is in order.

Since the beginning of the republic, Congress has had a constitutional role to play in the area of foreign affairs and it has done so over the years. (This is not to even consider the plausible argument that the authorization by Congress of a particular listing on a passport by an American citizen is hardly involvement in the foreign affairs of the nation.)

As every school child should know, the Constitution grants Congress the “power of the purse” – that is, it is the congressional role to determine how, when and if to fund presidential initiatives. Also, while the Constitution dubs the president the “commander in chief,” it also specifically grants to Congress the general power to declare war and to raise and support the armed forces.

Two prominent examples of how this has played out are the Neutrality Acts of the 1930s and the end of the Vietnam War.

The U.S. Neutrality Acts forbade arms sales to belligerent nations except on a “cash and carry” basis. Yet prior to the U.S. entering World War II, the British were running low on money in their fight against Hitler. President Roosevelt wanted to provide weapons to Britain and indeed had called for America to become the “Arsenal of Democracy.” Isolationist lawmakers, however, insisted on strict adherence to the neutrality laws they had pushed through Congress. So Mr. Roosevelt came up with the idea of “lend-lease.” A law containing certain compromises the president had to make to accommodate the isolationists was enacted in 1941. That law permitted the president to “sell, transfer title to, exchange, lease, lend or otherwise dispose of, to any such government [whose defense the president deems vital to the defense of the United States] any defense article.”

One can hardly think of a more profound expression of congressional power in the area of American foreign policy than its principal role in the lend-lease episode – first in the reach of the neutrality laws and then the Lend Lease law itself, which affected the course of World War II, world history and more particularly America’s role in the international arena.

Similarly, the fractious war in Vietnam, one of the most debated foreign policy issues in American history, came to an end when Congress simply refused to continue funding it. More recently, in connection with American military actions in the Middle East, the War Powers Act has continued to loom large in terms of congressional restraints on presidential action.

There are many more examples that could be cited. The point is that the idea of foreign affairs being the exclusive prerogative of the president is one of those misleading myths about the American way of government. And if that’s the case even when it comes to declaring and conducting wars, it is surely so when Congressional action may be indirectly politically supportive of a U.S. ally.

Share Button

About the Author:


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

No Responses to “The Zivotofsky Case And U.S. Foreign Policy”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
Flyers ordered Jews to appear at a designated location in Ukraine, in Sept., 1941. The next day, the Jews lined up at the Babi Yar Ravine.
‘Jews Must Register’ Flyer in Ukraine an Echo of Babi Yar
Latest Indepth Stories
matza

If itis a mitzva to eat matza all Pesach, then why is there no berakha attached to it?

Masked Palestinian Authority Arabs hurl blocks at Israel Police during and after "worship" at Temple Mount mosque. (archive photo)

When we are united with unconditional love, no stone will be raised against us by our enemies.

Haredim riot after draft-dodger is arrested.

The reporter simply reports the news, but it is greater to be inspired to better the situation.

Bitton-041814

The Big Bang theory marked the scientific community’s first sense of the universe having a beginning.

Freeing convicted murderers returns the status of Jewish existence to something less than sanctified.

“The bigger they are the harder they fall” describes what God had in mind for Olmert.

We, soldiers of the IDF, who stand guard over the people and the land, fulfill the hopes of the millions of Jewish people across the generations who sought freedom.

How much is the human mind able to grasp of the Divine?

Jews have brought the baggage of the galut (exile) mentality to the modern state of Israel.

The Haggadah is an instruction manual on how to survive as strangers in strange lands.

It’s finally happened. New York Times public editor Margaret Sullivan reported on her blog that “many readers…wrote to object to an [April 2] article…on the breakdown in peace talks between Israel and the Palestinians,” claiming “[they] found the headline misleading and the article itself lacking in context.” Ms. Sullivan provided one such letter, quoted the […]

Nor did it seem relevant that according to widely circulated media reports, Rev. Sharpton was caught on an FBI surveillance video discussing possible drug sales with an FBI agent.

Jewish soldiers in the Polish forces often encountered anti-Semitic prejudice.

When the state was established, gedolim went to Ben-Gurion and asked him not to draft women and, later, yeshiva bachrim.

More Articles from Editorial Board

It’s finally happened. New York Times public editor Margaret Sullivan reported on her blog that “many readers…wrote to object to an [April 2] article…on the breakdown in peace talks between Israel and the Palestinians,” claiming “[they] found the headline misleading and the article itself lacking in context.” Ms. Sullivan provided one such letter, quoted the […]

Nor did it seem relevant that according to widely circulated media reports, Rev. Sharpton was caught on an FBI surveillance video discussing possible drug sales with an FBI agent.

To be sure, American policy had long opposed the growth of Israeli settlements, but at the same time U.S. policymakers acknowledged that in any negotiated agreement there would be land swaps between Israel and the Palestinians to accommodate the large numbers of Israelis living in the settlements.

The issue of affordable infertility treatment has long been one of particular importance to the Orthodox Jewish community and we support the leadership of New York State Assembly Speaker Sheldon Silver, who again successfully championed this significant cause.

So it always struck us as hypocritical that Israel was expected to release cold-blooded killers almost as a matter of habit while the U.S. balked at letting Pollard go.

The Department of Justice acknowledges that individuals can claim an exemption if they can demonstrate an adverse impact on their religious beliefs.

In the larger sense, Mrs. Lubling came to epitomize an Orthodox community dedicated to taking care of its own.

There may not have been much else President Obama could have realistically done, but the headline writers at the Times obviously felt the need to massage a front-page story that took a less than giddy approach to Mr. Obama’s policymaking; how else to explain the story’s headline – “As Sanctions Start, Russia Feels a Sting”?

    Latest Poll

    Now that Kerry's "Peace Talks" are apparently over, are you...?







    View Results

    Loading ... Loading ...

Printed from: http://www.jewishpress.com/indepth/editorial/the-zivotofsky-case-and-u-s-foreign-policy/2013/07/31/

Scan this QR code to visit this page online: