zivotofsky parents guardians zivotofsky et ux clinton secretary state argued november decided march petitioner menachem binyamin zivotofsky born jerusalem mother requested zivotofsky place birth listed israel consular report birth abroad passport pursuant foreign relations authorization act fiscal year provision purposes registration birth certification nationality issuance passport citizen born city jerusalem secretary shall upon request citizen citizen legal guardian record place birth israel officials refused request citing state department policy prohibits recording israel place birth born jerusalem zivotofsky parents filed suit behalf secretary state district dismissed case holding presented nonjusticiable political question regarding jerusalem political status circuit affirmed reasoning constitution gives executive exclusive power recognize foreign sovereigns exercise power reviewed courts held political question doctrine bar judicial review zivotofsky claim pp said controversy involves political question textually demonstrable constitutional commitment issue coordinate political department lack judicially discoverable manageable standards resolving nixon lower courts ruled case presents political question misunderstood issue assuming resolution zivotofsky claim require judiciary define policy regarding status jerusalem fact case asks courts determine whether zivotofsky vindicate statutory right choose israel recorded place birth passport making determinations familiar judicial exercise moreover parties dispute interpretation real question courts whether statute constitutional textually demonstrable constitutional commitment question another branch least since marbury madison cranch recognized emphatically province duty judiciary determine constitutionality statute lack judicially discoverable manageable standards resolving question parties offer detailed legal arguments concerning whether textual structural historical evidence supports determination constitutional pp lower courts erroneously concluded case presents political question reach merits zivotofsky claim final review first view adarand constructors mineta ordinarily es decide first instance issues decided national collegiate athletic assn smith merits case therefore left lower courts consider first instance vacated remanded roberts delivered opinion scalia kennedy thomas ginsburg kagan joined sotomayor filed opinion concurring part concurring judgment breyer joined part alito filed opinion concurring judgment breyer filed dissenting opinion opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press menachem binyamin zivotofsky parents guardians ari naomi siegman zivotofsky petitioner hillary rodham clinton secretary state writ certiorari appeals district columbia circuit march chief justice roberts delivered opinion congress enacted statute providing americans born jerusalem may elect israel listed place birth passports state department declined follow law citing longstanding policy taking position political status jerusalem sued american invoked statute secretary state argued courts lacked authority decide case presented political question appeals held disagree courts fully capable determining whether statute may given effect instead must struck light authority conferred executive constitution congress enacted foreign relations authorization act fiscal year stat section act entitled policy respect jerusalem capital israel first two subsections express congress commitment relocating embassy israel jerusalem third bars funding publication official government documents list jerusalem capital israel fourth final provision one stake case entitled record place birth israel passport purposes provides purposes registration birth certification nationality issuance passport citizen born city jerusalem secretary shall upon request citizen citizen legal guardian record place birth israel ibid state department foreign affairs manual birthplace applicant located territory disputed another country city area birth may written passport foreign affairs manual app manual specifically directs passport officials enter jerusalem write israel jordan recording birthplace person born jerusalem passport exh app see also app section sought override instruction allowing citizens born jerusalem israel recorded passports wish signing foreign relations authorization act law president george bush stated belief impermissibly interferes president constitutional authority conduct nation foreign affairs supervise unitary executive branch statement signing foreign relations authorization act fiscal year public papers presidents george bush vol added section construed mandatory interfere president constitutional authority formulate position speak nation international affairs determine terms recognition given foreign ibid concluded emphasizing policy regarding jerusalem changed ibid president made specific reference passport mandate petitioner menachem binyamin zivotofsky born jerusalem october shortly enacted zivotofsky parents american citizens accordingly well virtue congressional enactment see rogers bellei children american citizens acquire citizenship birth congressional generosity zivotofsky mother filed application consular report birth abroad passport requested place birth listed jerusalem israel documents officials informed zivotofsky mother state department policy prohibits recording israel zivotofsky place birth pursuant policy zivotofsky issued passport consular report birth abroad listing jerusalem app zivotofsky parents filed complaint behalf secretary state zivotofsky sought declaratory judgment permanent injunction ordering secretary identify place birth jerusalem israel official documents district granted secretary motion dismiss complaint grounds zivotofsky lacked standing complaint presented nonjusticiable political question appeals circuit reversed concluding zivotofsky standing observed zivotofsky originally asked jerusalem israel recorded passport oth sides agree question whether entitles listed place birth circuit determined additional factual development might helpful deciding whether question justiciable parties disagreed foreign policy implications listing israel alone birthplace passport therefore remanded case district district found case justiciable explained esolving zivotofsky claim merits necessarily require decide political status jerusalem supp concluding claim therefore presented political question district dismissed case lack subject matter jurisdiction circuit affirmed reasoned constitution gives executive exclusive power recognize foreign sovereigns exercise power reviewed courts therefore deciding whether secretary state must mark passport zivotofsky requests necessarily draw area decisionmaking constitution leaves executive alone circuit held political question doctrine prohibits intrusion courts rejected suggestion congress decision take position status jerusalem change analysis judge edwards concurred judgment wrote separately express view political question doctrine application case explained issue whether impermissibly intrude president exclusive power recognize foreign sovereigns question observed involves commonplace issues statutory constitutional interpretation plainly within constitutional authority judiciary decide reaching merits judge edwards determined designating israel place birth passport policy furtherance recognition power view constitution gives power exclusively president judge edwards found unconstitutional reason concluded zivotofsky viable cause action concurred affirming dismissal complaint zivotofsky petitioned certiorari granted review ii lower courts concluded zivotofsky claim presents political question therefore adjudicated disagree general judiciary responsibility decide cases properly even gladly avoid cohens virginia wheat precedents identified narrow exception rule known political question doctrine see japan whaling assn american cetacean explained controversy involves political question textually demonstrable constitutional commitment issue coordinate political department lack judicially discoverable manageable standards resolving nixon quoting baker carr case held lacks authority decide dispute lower courts ruled case involves political question deciding zivotofsky claim force judicial branch interfere president exercise constitutional power committed alone district understood zivotofsky ask courts decide political status jerusalem supp misunderstands issue presented zivotofsky ask courts determine whether jerusalem capital israel instead seeks determine whether may vindicate statutory right choose israel recorded passport place birth part circuit treated two questions one concluded nly executive congress courts power define policy regarding israel sovereignty jerusalem also decide best implement policy department passport rule adopted implement president exclusive unreviewable constitutional power keep debate status jerusalem validity rule nonjusticiable political question constitution leaves executive alone indeed circuit opinion even mention fifth six paragraphs analysis dismiss irrelevant congress took position status jerusalem gave zivotofsky statutory cause action moment whether judiciary authority resolve dispute existence statutory right however certainly relevant judiciary power decide zivotofsky claim federal courts asked supplant foreign policy decision political branches courts unmoored determination policy toward jerusalem instead zivotofsky requests courts enforce specific statutory right resolve claim judiciary must decide zivotofsky interpretation statute correct whether statute constitutional familiar judicial exercise moreover parties dispute interpretation real question courts whether statute constitutional least since marbury madison cranch recognized act congress alleged conflict constitution emphatically province duty judicial department say law duty sometimes involve esolution litigation challenging constitutional authority one three branches courts avoid responsibility merely issues political implications ins chadha case determining constitutionality involves deciding whether statute impermissibly intrudes upon presidential powers constitution law must invalidated zivotofsky case dismissed failure state claim hand statute trench president powers secretary must ordered issue zivotofsky passport complies either way political question doctrine implicated policy underlying political question doctrine suggests congress executive decide constitutionality statute decision courts secretary contends textually demonstrable constitutional president sole power recognize foreign sovereigns corollary determine whether american born jerusalem may choose israel listed place birth passport nixon quoting baker see brief respondent perhaps course exclusive commitment executive power determine constitutionality statute judicial branch appropriately exercises authority including case question whether congress executive aggrandizing power expense another branch freytag commissioner see myers finding statute unconstitutional encroached upon president removal power bowsher synar finding statute unconstitutional intruded executive function morrison olson upholding statute constitutionality charge impermissibly interfere president exercise constitutionally appointed functions precedents also found political question doctrine implicated lack judicially discoverable manageable standards question nixon supra quoting baker supra framing issue lower courts terms whether judiciary may decide political status jerusalem certainly raises concerns dissipate however issue recognized focused one constitutionality indeed sides offer detailed legal arguments regarding whether constitutional light powers committed executive whether congress powers respect passports must weighed analyzing question example secretary reprises merits argument political question issue claiming constitution gives executive exclusive power formulate recognition policy roots claim constitution declaration president shall receive ambassadors public ministers art ii according secretary executive branch practice congressional acquiescence decisions confirm receive ambassadors clause confers upon executive exclusive power recognition brief respondent secretary observes president washington cabinet unanimously decided president receive ambassador new government france without first consulting congress citing letter george washington cabinet apr reprinted papers thomas jefferson catanzariti ed thomas jefferson notes washington questions neutrality alliance france may reprinted notes early attempts legislature affect recognition policy regularly rejected congress inappropriate incursions executive branch constitutional authority brief respondent cites precedents stating olitical recognition exclusively function executive banco nacional de cuba sabbatino see brief respondent citing pink secretary contends constitutes impermissible exercise recognition power decision describe place birth operates official statement whether recognizes state sovereignty territorial area brief respondent secretary list place birth country whose sovereignty relevant territory recognize therefore claims listing place birth constitute official decision begin treat jerusalem city located within internal quotation marks omitted part zivotofsky argues far exercise recognition power instead legitimate permissible exercise congress authority legislate form content passport brief petitioner points professor louis henkin observation competition power foreign relations congress impressive array powers expressly enumerated constitution quoting henkin foreign affairs constitution ed zivotofsky suggests congress authority enact derives specifically powers naturalization art cl foreign commerce cl according zivotofsky congress used powers pass laws regulating content issuance passports since see brief petitioner citing act stat zivotofsky contends fits squarely within tradition notes state department designated representative stated deposition litigation place birth entry included element identification app deposition catherine barry deputy assistant secretary state overseas citizens services see brief petitioner moreover zivotofsky argues place birth entry taken means recognizing foreign sovereigns state department authorizes recording unrecognized territories gaza strip west bank places birth brief petitioner citing foreign affairs manual app zivotofsky claims even implicate recognition power power constitution commits exclusively executive zivotofsky argues secretary overreading authority granted president receive ambassadors clause observes federalist papers alexander hamilton described power conferred clause matter dignity authority called circumstance without consequence administration government federalist cooke ed see brief petitioner zivotofsky also points clauses constitution congress power declare war suggest congressional role recognition reply brief petitioner citing art cl cites example message president jackson congress acknowledging unclear holds authority recognize power expressly delegated constitution one necessarily involved great powers given congress message president upon subject political military civil condition texas doc see reply brief petitioner zivotofsky argues language precedents suggesting recognition power belongs exclusively president inapplicable claim language appeared cases asked alter recognition policy developed executive absence congressional opposition see brief petitioner reply brief petitioner finally zivotofsky contends even receive ambassadors clause confers exclusive recognition power president simply allowing choice place birth entry passport significantly intrude power recitation arguments sound familiar principles constitutional interpretation enough establish case turn standards defy judicial application baker resolution zivotofksy claim demands careful examination textual structural historical evidence put forward parties regarding nature statute passport recognition powers courts political question doctrine poses bar judicial review case iii say zivotofsky claim presents issues judiciary competent resolve say reaching decision case simple district circuit believed review barred political question doctrine without benefit thorough lower opinions guide analysis merits final review first view adarand constructors mineta per curiam internal quotation marks omitted ordinarily decide first instance issues decided national collegiate athletic assn smith particular reverse threshold question typically remand resolution claims lower courts error prevented addressing see bond slip reversing appeals determination standing remanding merits petitioner challenge statute validity considered first instance appeals see reason depart approach case determined case justiciable leave lower courts consider merits first instance judgment appeals circuit vacated case remanded proceedings consistent opinion ordered opinion sotomayor menachem binyamin zivotofsky parents guardians ari naomi siegman zivotofsky petitioner hillary rodham clinton secretary state writ certiorari appeals district columbia circuit march justice sotomayor justice breyer joins part concurring part concurring judgment case illustrates proper application baker six factors generated substantial confusion lower courts concur conclusion case present political question write separately however understand inquiry required political question doctrine demanding suggested political question doctrine speaks amalgam circumstances courts properly examine whether particular suit justiciable whether dispute appropriate resolution courts doctrine essentially function separation powers baker carr recognizes limits article iii imposes upon courts accords appropriate respect branches exercise constitutional powers baker identified six circumstances issue might present political question textually demonstrable constitutional commitment issue coordinate political department lack judicially discoverable manageable standards resolving impossibility deciding without initial policy determination kind clearly nonjudicial discretion impossibility undertaking independent resolution without expressing lack respect due coordinate branches government unusual need unquestioning adherence political decision already made potentiality embarrassment multifarious pronouncements various departments one question baker established nless one formulations inextricable case bar dismissal nonjusticiability ibid baker left unanswered presence one factors warrants dismissal well interrelationship six factors relative importance determining whether case suitable adjudication view baker factors reflect three distinct justifications withholding judgment merits dispute case require decide issue whose resolution textually committed coordinate political department envisioned baker first factor abstention warranted lacks authority resolve issue see nixon holding nonjusticiable senate impeachment procedures light article commitment senate power try see also marbury madison cranch constitution president invested certain important political powers exercise use discretion accountable country political character conscience cases constitution requires another branch resolve question presented second third baker factors reflect circumstances dispute calls decisionmaking beyond courts judicial power created article iii constitution whatever judges choose rather power act manner traditional english american courts vieth jubelirer plurality opinion traditional role involves application manageable cognizable standard within competence judiciary ascertain employ facts concrete case given standard adjudicate dispute resolve dispute absence policy determination charged political branch resolution suit beyond judicial role envisioned article iii see gilligan morgan difficult conceive area governmental activity courts less competence complex subtle professional decisions composition training equipping control military force vieth one obvious limitations imposed article iii judicial action must governed standard say course courts incapable interpreting applying somewhat ambiguous standards using familiar tools statutory constitutional interpretation issue leaves courts truly rudderless doubt validity decision abstain judgment ibid final three baker factors address circumstances prudence may counsel resolution issue presented courts particularly cautious forgoing adjudication dispute basis judicial intervention risks embarrassment multifarious pronouncements various departments one question express lack respect due coordinate branches government exists unusual need unquestioning adherence political decision already made repeatedly rejected view thresholds met whenever called upon resolve constitutionality propriety act another branch government see powell mccormack may refuse adjudicate dispute merely decision may significant political overtones affect conduct nation foreign relations japan whaling assn american cetacean may courts decline resolve controversy within traditional competence proper jurisdiction simply question difficult consequences weighty potential real conflict policy preferences political branches exercise authority among gravest delicate dut ies called perform blodgett holden holmes concurring role assigned courts constitution questions may occur gladly avoid avoid exercise best judgment conscientiously perform duty cohens virginia wheat rare occasions implicating baker final factors however may present unfit judicial disposition quoting argument daniel webster luther borden respect due coequal independent department instance courts properly resist calls question good faith another branch attests authenticity internal acts see field clark deeming forbidden respect due coordinate branch government udicial action requiring belief deliberate conspiracy senate house representatives defeat expression popular see also scalia concurring judgment mutual regard coordinate branches interest certainty demand official representations regarding matters internal process accepted face value likewise long acknowledged courts particularly ill suited intervening exigent disputes necessitating unusual need attributing finality action political departments coleman miller creating acute risk embarrassment government abroad grave disturbance home baker see luther president acted called militia circuit authorized inquire whether decision right judicial power extends far guarantee contained constitution guarantee anarchy order finally may appropriate courts stay hand cases implicating delicate questions concerning distribution political authority coordinate branches dispute ripe intractable incapable resolution political process see goldwater carter powell concurring judgment abstention merely reflects judicial intervention cases legitimate last resort chicago grand trunk wellman disfavored relative prospect accommodation political branches unusual cases arise abstention accommodates considerations inherent separation powers limitations envisioned article iii conferred authority federal courts backdrop recognized propriety abstention exceptional cases new orleans public service council city new orleans see generally shapiro jurisdiction discretion rev hereinafter shapiro political questions envisioned baker final categories find common ground therefore many longstanding doctrines considerations justiciability comity lead courts abstain deciding questions whose initial resolution better suited another time see national park hospitality assn department interior ripeness parole geraghty mootness another forum see gulf oil gilbert forum non conveniens railroad tex pullman louisiana power light city thibodaux burford sun oil abstention favor state forum western cific primary jurisdiction doctrine see also daimlerchrysler cuno doctrines mootness ripeness political question originate article iii language shapiro describing practices judicial abstention sounding justiciability comity forum non conveniens separation powers sure rare case baker final factors alone render case long historical tradition recognizes exceptional cases arise due regard separation powers judicial role envisioned article iii confirms abstention may appropriate response ii held case presented political question thought petitioner suit asked decide issue textually committed coordinate branch namely review policy state department implementing president decision keep debate status jersualem cadc largely reasons set agree appeals misapprehended nature task two respects however understanding political question doctrine might require engage analysis beyond relied upon first appropriately recognizes petitioner claim statutory right relevant justiciability inquiry required case ante order evaluate whether case presents political question must first identify precision issue asked decide petitioner suit claims federal statute provides right israel listed place birth passport related documents app decide question must determine whether statute constitutional therefore mandates secretary state issue petitioner desired passport unconstitutional case suit end resolution issue one textually committed another branch contrary committed one fashion question require review wisdom president policy toward jerusalem decision committed discretion coordinate department reason agree decision reversed say however statute give rise political question impossible imagine case involving application even constitutionality enactment present nonjusticiable issue indeed refused determine whether ohio state constitutional provision offended republican guarantee clause art iv holding question whether guarantee constitution disregarded presents justiciable controversy ohio ex rel davis hildebrant similar result follow congress passed statute instance purporting award financial relief improperly tried impeachment offenses adjudicate claims statute require resolve issue found nonjusticiable nixon examples atypical suffice show foreclosure altogether political question analysis statutory cases unwarranted second suggests case implicate political question doctrine concern issues exhibiting lack judicially discoverable manageable standards ante parties arguments rely textual structural historical evidence kind courts routinely consider equally true nixon case found use word first sentence impeachment trial clause lacks sufficient precision afford judicially manageable standard review senate actions reached conclusion even though parties briefs focused upon text impeachment trial clause constitution drafting history contemporaneous commentary unbroken practice senate years contemporary dictionary meanings hamilton federalist essays practice house lords prior ratification evidence less unfamiliar courts parties rely view whether evidence upon litigants rely common judicial consideration determines whether case lacks judicially discoverable manageable standards rather whether evidence fact provides basis adjudicate meaningfully issue presented answer almost always yes parties textual structural historical evidence inapposite wholly unilluminating rendering judicial decision guesswork case relying ordinary kinds arguments offered courts might well still present justiciability concerns case however appeals majority found political question solely basis case required resolution issue textually committed executive branch textual commitment respectfully concur decision reverse appeals alito concurring judgment menachem binyamin zivotofsky parents guardians ari naomi siegman zivotofsky petitioner hillary rodham clinton secretary state writ certiorari appeals district columbia circuit march justice alito concurring judgment case presents narrow question namely whether statutory provision issue infringes power president regulate contents passport case require judiciary decide whether power recognize foreign governments extent territory conferred exclusively president shared congress petitioner claim statutory provision question represents attempt congress dictate policy regarding status jerusalem instead petitioner contends effect congress power mandate american citizen born abroad given option including passport consular report birth abroad crba amounts statement personal belief status jerusalem powers conferred congress constitution certainly give congress measure authority prescribe contents passports crbas constitution gives congress power regulate foreign commerce art cl power includes power regulate entry persons country see henderson mayor new york constitution also gives congress power make uniform rule naturalization art cl pursuant power congress enacted laws concerning citizenship children born abroad parents citizens country see wong kim ark powers allow congress mandate identifying information included passports crbas president also measure authority concerning contents passports crbas president broad authority field foreign affairs see american ins assn garamendi historically authority included power issue passports even absence formal congressional conferral authority see haig agee explaining rior statute subject common perception issuance passport committed sole discretion executive executive exercise power interests national security foreign policy described passport letter introduction issuing sovereign vouches bearer requests sovereigns aid bearer apparent first page petitioner passport reads follows secretary state america hereby requests may concern permit citizen national named herein pass without delay hindrance case need give lawful aid protection app similarly crba certification made consular official bearer acquired citizenship birth see case law determining constitutionality act congress may present political question think narrow question presented falls within category delineating precise dividing line powers congress president respect contents passport easy matter agree constitute political question judiciary unable decide breyer dissenting menachem binyamin zivotofsky parents guardians ari naomi siegman zivotofsky petitioner hillary rodham clinton secretary state writ certiorari appeals district columbia circuit march justice breyer dissenting join part justice sotomayor opinion points baker carr set forth several categories legal questions previously held political questions inappropriate judicial determination categories include instances constitution clearly commits decisionmaking power another branch government issues lacking judicially manageable standards resolution also include issues courts decide without making initial policy determination kind clearly nonjudicial discretion issues independently decide without expressing lack respect due coordinate branches government cases unusual need unquestioning adherence political decision already made cases potential embarrassment multifarious pronouncements various departments one question ibid justice sotomayor also points categories view particularly last four embody circumstances prudence may counsel resolution issue presented ante opinion concurring part concurring judgment see nixon souter concurring judgment doctrine deriv es large part prudential concerns respect owe political departments goldwater carter powell concurring judgment doctrine rests part prudential concerns calling mutual respect among three branches government see also jaffe standing secure judicial review public actions harv rev prudence counsels hesitation legal issue felt closely related complex decisions within jurisdiction resolution either poor jeopardize sound decisions larger complex justice sotomayor adds circumstances prudential considerations lead decide case otherwise properly rare ante agree view nonetheless us case four sets prudential considerations taken together lead conclusion first issue us arises field foreign affairs indeed statutory provision us subsection section concerns relation jerusalem state israel see foreign relations authorization act fiscal year stat policy respect jerusalem capital israel constitution primarily delegates foreign affairs powers political departments government executive legislative judiciary chicago southern air lines waterman see also marbury madison cranch noting discretionary foreign affairs functions secretary state beyond power judiciary review fact surprising decisionmaking area typically highly political delicate complex chicago southern air lines often rests upon information readily available executive branch intelligence committees congress readily available courts ibid frequently highly dependent upon justice jackson called prophecy ibid creation wise foreign policy typically lies well beyond experience professional capacity judge ibid time foreign affairs issue practical need speak one voice ac one particularly important see pink frankfurter concurring see also fallon manning meltzer shapiro hart wechsler federal courts federal system ed result judicial hesitancy make decisions significant foreign policy implications reflected fact many cases invoked doctrine arisen area cases validity treaty depended upon partner state constitutional authority doe braden upon continuing existence terlinden ames cases concerning existence foreign governments belligerents insurgents oetjen central leather klintock wheat mer wheat cases concerning territorial boundaries foreign williams suffolk ins pet foster neilson pet see baker supra citing cases principal cases see also fallon supra second courts must answer constitutional question us may well evaluate foreign policy implications foreign policy decisions constitutional question focuses upon statutory provision says secretary state upon request citizen born jerusalem upon request citizen legal guardian shall record citizen passport consular birth report place birth israel stat question whether statute unconstitutionally seeks limit president inherent constitutional authority make certain kinds foreign policy decisions see american ins assn garamendi citing cases clinton city new york recognized foreign affairs arena president degree discretion freedom statutory restriction admissible domestic affairs alone quoting export cf youngstown sheet tube sawyer jackson concurring secretary state argues president constitutional authority determine foreign policy includes power recognize foreign governments long recognized latter power belongs president exclusively power includes power determine claims disputed territory well policy governing recognition decisions statute unconstitutionally limits president exclusive authority exercise powers see art ii cl art ii kennett chambers recognition williams supra disputed territory pink supra recognition policy see also haig agee executive passport authority zivotofsky supported several members congress points constitution also grants congress powers related foreign affairs powers declare war regulate foreign commerce regulate naturalization see art cls see also american ins supra add congress may share recognition power attendant power determining claims disputed territory palmer supra recognition jones disputed territory add congress may enact laws concerning travel country concerning citizenship children born abroad citizens see henderson mayor new york travel fong yue ting immigration wong kim ark citizenship argue powers include power specify content passport consular birth report specification takes form statutory law say constitution requires president secretary state execute statute see art ii statutory provision undisputedly concerned purely administrative matters enforcement undisputedly involve major foreign policy matters judicial efforts answer constitutional question might involve judges trying answer questions foreign policy middle east administrative matters implications extend far beyond purely administrative political reactions region prove uncertain context may well turn resolution constitutional argument require decide far statute practice reaches beyond purely administrative determining whether also extent enforcement interfere president ability make significant foreign policy decisions certainly parties argue zivotofsky example argues replacing jerusalem passport israel serious foreign policy significance see brief petitioner reply brief petitioner support points state department official statement birthplace designation serves primarily element identification omitting mention recognition fact state department recorded births unrecognized territories region gaza strip west bank apparently without adverse effect fact sometimes jerusalem government calls clerical errors carry name israel certain official documents apparently without seriously adverse effect see brief petitioner app moreover zivotofsky says unfair allow americans born cities recognizes israeli sovereignty tel aviv haifa right record mentions israel denying privilege americans born jerusalem see brief petitioner app time secretary argues listing israel passports consular birth reports americans born jerusalem significantly adverse foreign policy effects see brief respondent says represent official decision begin treat jerusalem city located within israel interpreted official act recognizing jerusalem israeli sovereignty app national security interests consequently significantly harmed action says signal symbolically concretely jerusalem city located within sovereign territory israel critically compromise ability work israelis palestinians others region peace process brief respondent app adds enactment statutory provision produced headlines middle east stating recognizes jerusalem israel capital brief respondent see also app judge ability evaluate opposing claims kind minimal time judicial effort risks inadvertently jeopardizing sound foreign policy decisionmaking branches government example determine whether extent continuation adjudication orders foreign policy effect third countervailing interests obtaining judicial resolution constitutional determination particularly strong ones zivotofsky assert kind interest interest property bodily integrity courts traditionally sought protect see ingraham wright enduring commitment legal protection bodily integrity importantly assert interest vindicating basic right kind constitution grants individuals courts traditionally protected invasion branches government emphasize fact need judicial action cases trump foreign policy concerns mentioned professor jaffe pointed many years ago courts refuse entertain habeas corpus test constitutionality imprisonment alleged chinese agent even clear imprisonment closely bound relations chinese government harv see also franck political judicial answers cf boumediene bush interest zivotofsky asserts however akin ideological interest see brief petitioner citizen born jerusalem unlike citizen born tel aviv haifa option specify suppress name country accords ideology see also state department policy bars citizens born jerusalem identifying birthplace manner conforms convictions insofar individual suffers injury purely ideological courts often refused consider matter leaving injured party look political branches protection diamond charles sierra club morton say zivotofsky claim unimportant injury serious even purely ideological point suffering somewhat similar harms sometimes look political branches resolution relevant legal issues cf richardson laird tatum fourth insofar controversy reflects different foreign policy views among political branches government branches nonjudicial methods working differences cf goldwater rehnquist joined burger stewart stevens concurring judgment finding similar fact strong reason judiciary decide treaty power question executive legislative branches frequently work disagreements ongoing contacts relationships involving example budget authorizations confirmation personnel committee hearings host informal contacts taken together ensure practice members congress well president play important role shaping foreign policy indeed legislative branch executive branch typically understand need work order create effective foreign policy understanding related contacts continuous foreign relationship lies possibility working kind disagreement see us moreover application doctrine ultimately turns learned hand put importunately occasion demands answer nixon souter concurring judgment quoting hand bill rights ability political branches work differences minimizes need judicial intervention upshot case unusual minimal need judicial intervention serious risk intervention bring embarrassment show lack respect branches potentially disrupt sound foreign policy decisionmaking prudential reasons hold doctrine bars judicial consideration case affirm appeals similar conclusion respect dissent footnotes see also martin mott wheat story declining review president determination exigency arisen necessitating call militia actual service recognizing need prompt unhesitating obedience orders indispensable ware hylton dall iredell concurring declare treaty great britain void turn considerations policy considerations extreme magnitude certainly entirely incompetent examination decision justice often factors implicated case presenting political question factors identified baker likewise apparent see nixon addition textual commitment argument finding persuasive opening door judicial review impeachment procedures political life country months perhaps years baker explaining luther borden found present features associated three rationales underlying baker factors