Last week Richard Epstein examined the question whether Jerusalem is in Israel as a matter of American constitutional law. Congress says it is, at least insofar as in a statute that requires the Secretary of State to recognize Jerusalem as part of Israel when issuing passports. Indeed, the statute is the law of the land. The Secretary of State, however, begs to differ. Is the statute constitutional? The federal courts have given the Secretary of State the final word, holding review of the Secretary of State’s determination not to be justiciable. The Supreme Court will consider the question in Zivotofsky v. Clinton..
Elliot Abrams takes the question one step further. Is the Knesset in Israel? Abrams points out that in its public pronouncements the Obama administration is keeping that an open question.
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