Zivotofsky v. Secretary of State has spurred debate about the “Recognition Power,” or the ability to decide which foreign states the United States will recognize. The issue sits at the intersection of the Executive and Legislative branches, where foreign policy, politics, and constitutional law collide. It is unclear how the Court will rule—it may actually sidestep the question of the Recognition Power entirely—but the ruling has the potential to answer a longstanding uncertainty about the Presidential-Congressional balance of power in foreign affairs.
Please find some interesting and useful materials for understanding the Zivotofsky arguments below:
- Complete history of the Zivotofsky proceedings (SCOTUS Blog)
- Robert J. Reinstein – Is the President’s Recognition Power Exclusive?