web analytics
October 2, 2014 / 8 Tishri, 5775
At a Glance
News & Views
Sponsored Post
Meir Panim with Soldiers 5774 Roundup: Year of Relief and Service for Israel’s Needy

Meir Panim implements programs that serve Israel’s neediest populations with respect and dignity. Meir Panim also coordinated care packages for families in the South during the Gaza War.



What are they so afraid of?

‘Islamic Rights in Jerusalem’ Why No ‘Jerusalem, Israel’ Decision (VIDEO)

The D.C. applellate court declared unconstitutional the legislative effort by congress to force the US to recognize that Jerusalem is part of Israel. That they did so is not surprising, but why the Executive branch is so afraid of having Jerusalem appear next to Israel even just on a piece of paper should be shocking.
9-year-old Menachem Zivotofsky sued the U.S. government for refusing to include "Israel" alongside "Jerusalem" as his place of birth on his passport.

9-year-old Menachem Zivotofsky sued the U.S. government for refusing to include "Israel" alongside "Jerusalem" as his place of birth on his passport.

A federal court released its decision regarding whether it is permissible for the United States to refuse to enter “Jerusalem, Israel” on the passport of an American born in Jerusalem on Tuesday, July 23.  The result was not unexpected.  The court decided that a portion of the Foreign Relations Authorization Act, which congress enacted in order to allow Israel to appear alongside Jerusalem on such a passport, was an unconstitutional law.  The basis for that decision was that in enacting that law, congress had impermissibly intruded upon the exclusive power of the Executive branch to conduct diplomatic relations with foreign entities.

But the surprise, and the anger – for those who disagree with the decision – should be directed at the Executive branch for its long–held position that Jerusalem is not part of Israel.  And we learn in this Opinion, what is driving this long-held position. It is a fear of anger and violence if the U.S. does something to “undervalue” “Islamic rights in Jerusalem.”

Got that? The U.S. is afraid of undervaluing “Islamic rights in Jerusalem.” Perhaps the decision makers in the U.S. Department of State and all the Secretaries of State never had the opportunity to view the very important interview of Arabic Studies professor and scholar Mordechai Kedar gave to an Al Jazeera anchor.  See that interview at the end of this article.

Congress sought to correct what it viewed as an incorrect decision by the Executive branch. But the judiciary branch could not allow that.

BACKGROUND

Menachem Zivotofsky was born in Jerusalem to American parents.  Shortly after his birth, Zivotofsky’s parents applied for a passport for him.  In the application, Zivotofsky’s mother listed his birthplace as Jerusalem, Israel.

But the U.S. State Department issued the child’s passport listing only Jerusalem – no country was listed – as his place of birth.

That year, 2002, Zivotofsky’s parents filed a lawsuit against the State Department on their son’s behalf, seeking to have a passport issued to their son which would list, as requested in the original application, Jerusalem, Israel, as the child’s birthplace.

This case has traveled up and down the federal court system, stopping in some courts more than once.  It even reached the U.S. Supreme Court where a subsidiary issue was heard two years ago, before being sent back down the court system for further development.

The Court of Appeals for the D.C. Circuit declared unconstitutional a portion of the 2002 Foreign Relations Authorization Act which would permit a passport to be issued listing as the place of birth Jerusalem, Israel for  Zivotofsky and others in his position.

This is the relevant portion of the FRAA which the court declared unconstitutional:

(d) 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’s legal guardian, record the place of birth as Israel.

What the court did was – not surprisingly, even if one disagrees with the result – rule that congress exceeded its powers by passing legislation which, the court found, wrongly interferes with matters over which it does not have ultimate authority. That exclusive authority instead rests with the Executive branch. The power to recognize the sovereignty of another country and to determine foreign policy, is one of the powers which the U.S. government’s separation of powers doctrine grants to the Executive branch.

What is significant about this case is not that the Court of Appeals has ruled that Jerusalem is not part of Israel.

The more interesting question is why the Executive branch is so set against even something so small as to allow a child’s passport to state that when a child was born in Jerusalem, he was also born in the country of Israel.

The D.C. court noted that it has always been the position of the Executive branch to remain neutral on the question of who has sovereignty over Jerusalem.  It quotes from the State Department’s Foreign Affairs Manual which was in effect in 2002, when Menachem Zivotofsky was born and when his parents sought to have his passport list Jerusalem, Israel as his birthplace.  The FAM explicitly states that, “for an applicant born in Jerusalem: ‘Do not write Israel or Jordan’ on his passport.”  It also states that “Israel ‘[d]oes not include Jerusalem.’”

About the Author: Lori Lowenthal Marcus is the US correspondent for The Jewish Press. She is a recovered lawyer who previously practiced First Amendment law and taught in Philadelphia-area graduate and law schools.


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.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

20 Responses to “‘Islamic Rights in Jerusalem’ Why No ‘Jerusalem, Israel’ Decision (VIDEO)”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
Colin H. Kahl, VP Joe Biden's new national security adviser.
Biden’s New NSA Chief Mocked Israeli Nuke Fears
Latest News Stories
Colin H. Kahl, VP Joe Biden's new national security adviser.

Biden’s new national security adviser dissed Israel in the Democratic party platform and mocks Iran’s danger.

PA Chairman Mahmoud Abbas speaking in Ramallah, July 1, 2014.

PA leader Abbas demands UN force Israel back to 1949 Armistice Line by Nov. 2016.

The car of the acting rabbi of an Atlantic City synagogue mysteriously burst into flames during the three-day Rosh HaShanah-Shabbat period.

Car fires are car fires,” said the Atlantic City fire chief. But the car was parked!

U.S. President Barack Obama, Sept. 8, 2014.

US admits its ‘no-strike if any civilians might be hit’ policy does not apply to its airstrikes against ISIS.

Israeli police revealed on September 30 that they are now investigating the possibility that a fellow Arab worker may have cut the cable that held Arami as he was doing exterior work on a building.

A 14-year-old Dutch Muslim high school student is suspended after posting a video saying he is “from ISIS” and wants to “behead Jews.”

PM Netanyahu and US Pres. Obama met Wednesday evening for 75 minutes at the White House in Washington DC.

Israel talks with building blocks. The Palestinian Authority throws them.

The Palestinian Authority continues to remove its mask and show it is Hamas in sheep’s clothing.

How do some of the other issues Obama discussed in his 2013 U.N. General Assembly speech look through today’s lens?

“I think there’s no question that support for Israel will, I think, increase dramatically with the Republican leadership in the Senate,” Matthew Brooks, executive director of the RJC and the Jewish Policy Center think tank, told JNS.

As expected, one of the biggest themes throughout the week long UN gathering was a focus on the threat posed by Islamic State to the international world order, with nearly every major world leader mentioning the U.S.-led international efforts underway to combat the terrorist group in Iraq and Syria.

“You want to know what this wine looked like, which wine King David drank, white or red…. We can see if it’s red or white, strong or weak.”

For diehard Jewish fans of “The Simpsons,” a Mourner’s Kaddish will be in order at this weekend’s Yom Kippur services.

A recent Jerusalem municipal decision regarding a virgin, angered ultra-Orthodox representatives.

B’Tselem is once again able to use Israel’s national service volunteers to attack Israel’s efforts at self-defense and sovereignty.

More Articles from Lori Lowenthal Marcus
Colin H. Kahl, VP Joe Biden's new national security adviser.

Biden’s new national security adviser dissed Israel in the Democratic party platform and mocks Iran’s danger.

U.S. President Barack Obama, Sept. 8, 2014.

US admits its ‘no-strike if any civilians might be hit’ policy does not apply to its airstrikes against ISIS.

B’Tselem is once again able to use Israel’s national service volunteers to attack Israel’s efforts at self-defense and sovereignty.

‘Jews Against Genocide’ pervert the Ice Bucket Challenge into a “blood bucket” attack on the IDF.

Mumia Abu-Jamal, convicted murderer of a Philly cop, was chosen as college commencement speaker.

The blatantly hostile state department press corps belittled and mischaracterized Netanyahu’s UN speech.

PLO member and PA spokesperson Saeb Erekat ridiculed state dept. spokesperson for Abbas criticism

Suicide bombing reported as new president of Afghanistan sworn in.

Printed from: http://www.jewishpress.com/news/d-c-ct-us-can-forbid-having-jerusalem-israel-on-passports/2013/07/24/

Scan this QR code to visit this page online: