Opinion of Thomas, J.
place of birth, date of birth, and parents. It has had the “same force and effect as proof of United States citizenship as [a] certifcat[e] of naturalization” since 1982. § 117, 96 Stat. 279.
Thus, although registration is no longer required to maintain birthright citizenship, the consular report of birth abroad remains the primary means by which children born abroad may obtain official acknowledgment of their citizenship. See 22 CFR § 51.43. Once acknowledged as U. S. citizens, they need not pursue the naturalization process to obtain the rights and privileges of citizenship in this country. Regulation of the report is thus “appropriate” and “plainly adapted” to the exercise of the naturalization power. See Comstock, 560 U. S., at 161 (Thomas, J., dissenting).
By contrast, regulation of the report bears no relationship to the President's residual foreign affairs power. It has no historical pedigree uniquely associated with the President, contains no communication directed at a foreign power, and is primarily used for domestic purposes. To the extent that a citizen born abroad seeks a document to use as evidence of his citizenship abroad, he must obtain a passport. See generally 7 FAM § 1311.
Because regulation of the consular report of birth abroad is justified as an exercise of Congress' powers under the Naturalization and Necessary and Proper Clauses and does not fall within the President's foreign affairs powers, § 214(d)'s treatment of that document is constitutional.[1]
III
The majority does not perform this analysis, but instead relies on a variation of the recognition power. That power is among the foreign affairs powers vested in the President by Article II's Vesting Clause, as is confirmed by Article II's ex-
- ↑ As the issue is not presented, I need not decide how a direct conflict between action pursuant to an enumerated power of Congress and action pursuant to the residual foreign affairs power of the President should be resolved.
