A “Historical Gloss on the Vesting Power?”
By Prof. Michael Glennon — Can the President, based upon no textually committed constitutional power but only upon inherent or implied power, disregard an act of Congress because that law concerns the conduct of U.S. foreign relations? On November 7, before the United States Supreme Court, in Zivotofsky v. Clinton, the Obama Administration appeared to give an answer: yes. (For a good summary see the Washington Post’s account.) At issue was a statute requiring the State Department “to record the place of birth as Israel” in the passport of any child born in Jerusalem, if the child’s parents so request. […]



