I'm Jeffrey Rosen, President and CEO of the National Constitution Center, and welcome to the latest of our We the People constitutional podcast.

The National Constitution

on a non-partisan basis.

And this week we'll be discussing a fascinating new case that the Supreme Court just heard.

It involves the diplomatic status of Jerusalem and the division of foreign policy powers

between Congress and the President.

Here are the facts.

12-year-old Manacham biniamin Zivitovsky

was born to American parents in Jerusalem.

His parents asked the U.S. State Department to list Israel as their son's

birthplace on his passport, citing the 2002 Foreign Relations Authorization Act,

which requires the State Department to honor requests like this.

At the time he signed a law, President George W Bush attached a signing statement,

asserting that the passport statute is unconstitutional.

President Barack Obama has taken the same position.

This case has been to the Supreme Court before.

In 2012, the court rejected the argument that the case was merely a political dispute

between the executive and legislative branches. The case was sent back to the lower

courts on the merit and the US Court of Appeals for the DC Circuit ruled in favor of the U.S. Court of Appeals for the D.C. Circuit ruled in favor of the President.

Joining me to discuss the merits of this fascinating case and to give us their thoughts on

this week's oral arguments are two of the leading scholars in the country who have weighed in forcefully on

different sides of the debate.

...