looking to "prominent international scholars" from "the time of the founding" to elucidate the meaning of the Reception Clause, Article II, section 3, of the Constitution

explaining that because "the Nation must have a single policy regarding which governments are legitimate in the eyes of the United States and which are not," the President's "power to recognize foreign nations and governments" is exclusive

noting that it is "the Legislative Branch, not the Executive Branch, that makes the law"

looking to "prominent international scholars" from "the time of the founding" to elucidate the meaning of the Reception Clause, Article II, section 3, of the Constitution

In Zivotofsky ex rel Zivotofsky v. Kerry, the Supreme Court evaluated a conflict between the Foreign Relations Authorization Act, Fiscal Year 2003 (the "FRAA") and the U.S. State Department's Foreign Affairs Manual (the "FAM").

In Zivotofskyex rel. Zivotofsky v. Kerry, the Supreme Court evaluated a conflict between the Foreign Relations Authorization Act, Fiscal Year 2003 (the "FRAA") and the U.S. State Department's Foreign Affairs Manual (the "FAM").

describing "the protections for retained individual rights under the Constitution" as a "key limitation[] on [Congress's] jurisdiction"

In Zivotofsky, the Court declined to opine that the "President has 'exclusive authority to conduct diplomatic relations,'" determining that a "formulation broader than the rule that the President alone determines what nations to formally recognize as legitimate—and that he consequently controls his statements on matters of recognition—presents different issues and [was] unnecessary to the resolution of this case."

In Zivotofsky, the Court declined to opine that the "President has 'exclusive authority to conduct diplomatic relations,'" determining that a "formulation broader than the rule that the President alone determines what nations to formally recognize as legitimate—and that he consequently controls his statements on matters of recognition—presents different issues and [was] unnecessary to the resolution of this case."

In Zivotofsky, the Court declined to opine that the "President has ‘exclusive authority to conduct diplomatic relations,’ " determining that a "formulation broader than the rule that the President alone determines what nations to formally recognize as legitimate—and that he consequently controls his statements on matters of recognition—presents different issues and [was] unnecessary to the resolution of this case."