The U.S. Supreme Court case Zivotofsky v. Kerry in 2014 revolved around the issue of whether a U.S. citizen born in Jerusalem could list Israel as their place of birth on their passport, despite the fact that the United States does not officially recognize any country's sovereignty over Jerusalem. The plaintiff was Menachem Binyamin Zivotofsky, whose parents sued on his behalf to have "Israel" listed as his birthplace on his passport under a law passed by Congress in 2002 allowing such an option for American citizens born in Jerusalem. However, both Presidents George W Bush and Barack Obama had refused to enforce this law due to its potential implications for U.S foreign policy and peace negotiations between Israelis and Palestinians. In a 6-3 decision, the Supreme Court ruled that Congress did not have authority over recognition determinations which are exclusively vested with the President according to Article II of Constitution; thus making it unconstitutional for Congress to pass laws dictating how these decisions should be made or enforced by Executive branch officials like Secretary of State John Kerry who was named defendant replacing Hillary Clinton when he assumed office.

In the dissenting opinion for Zivotofsky v. Kerry, Justice Scalia argued that the majority's decision was a significant departure from historical precedent and an unwarranted expansion of executive power at the expense of legislative authority. He contended that Congress has historically had control over passport regulations and this case should not be different. The Constitution does not explicitly grant either branch exclusive control over recognition powers, so it is incorrect to assume such exclusivity lies with the President alone. Furthermore, he noted that even if there were ambiguity in constitutional text about which branch holds recognition power, long-standing practice supports shared authority between branches rather than unilateral presidential control as suggested by majority ruling.