Roberts, C. J., dissenting
Perhaps recognizing that a formal recognition is not implicated here, the majority reasons that, if the Executive's exclusive recognition power “is to mean anything, it must mean that the President not only makes the initial, formal recognition determination but also that he may maintain that determination in his and his agent's statements.” Ante, at 29. By “alter[ing] the President's statements on matters of recognition or forc[ing] him to contradict them,” the majority reasons, “Congress in effect would exercise the recognition power.” Ibid. This argument stretches the recognition power beyond all recognition. Listing a Jerusalem-born citizen's place of birth as “Israel” cannot amount to recognition because the United States already recognizes Israel as an international person. Rather than adopt a novel definition of the recognition power, the majority should have looked to other foreign affairs powers in the Constitution to resolve this dispute.
***
Adhering to the Constitution's allocation of powers leads me to reach a different conclusion in this case from my colleagues: Section 214(d) can be constitutionally applied to consular reports of birth abroad, but not passports. I therefore respectfully concur in the judgment in part and dissent in part.
Chief Justice Roberts, with whom Justice Alito
joins, dissenting.
Today's decision is a first: Never before has this Court accepted a President's direct defiance of an Act of Congress in the field of foreign affairs. We have instead stressed that the President's power reaches “its lowest ebb” when he contravenes the express will of Congress, “for what is at stake is the equilibrium established by our constitutional system.” Youngstown Sheet & Tube Co. v. Sawyer, 343 U. S. 579, 637– 638 (1952) (Jackson, J., concurring).
