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Jerusalem-Born U.S. Citizens Are Born In Israel


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10. Finally, the method chosen by the president to challenge Section 214(d) was an unconstitutional one. If the president believed that the law violated the Constitution, it was his obligation to follow the course described in Article I, Section 7, Clause 2, and issue a veto that would be subject to further consideration by the Congress. Not having vetoed the law and having chosen instead to sign it, the president is obliged to execute the directive of Section 214(d).

Nathan Lewin is a Washington attorney who has appeared before the Supreme Court ion numerous occasions.

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About the Author: Nathan Lewin is a Washington, D.C. lawyer who has argued numerous cases in the U.S. Supreme Court and teaches a seminar in Supreme Court litigation at Columbia Law School.


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Editor’s Note: On July 30, the firm of Lewin & Lewin, LLP, filed in the Supreme Court its brief in Zivotofsky v. Clinton, No. 10-699, on which the Supreme Court will hear oral argument in early November. The constitutional issue in the case is whether Congress had the authority to enact a law in 2002 that directs the Secretary of State to permit U.S. citizens born in Jerusalem to record their place of birth in their passports as “Israel.” Because the State Department has consistently refused to recognize any part of Jerusalem as being in Israel, the government has refused to implement the 2002 law, claiming it violates the President’s constitutional authority to “recognize foreign sovereigns.” This is the Introduction to the Zivotofsky brief written by Nathan Lewin, followed by a Summary of Argument.

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