Zivotofsky: The Difference Between Inherent and Exclusive Presidential Power

Document Type

Article

Publication Date

1-2017

Abstract

If we stipulate that the Foreign Relations Authorization Act of 2002 presented a genuine constitutional conflict between the President and Congress, reasonable minds can differ about the outcome in Zivotofsky v. Kerry (Zivotofsky 1 The Court’s answer t o the specific question presented is actually the least interesting thing about the decision indeed, the majority avers its insignificance so often that a casual reader might be forgiven for wondering why certiorari was granted in the first place.

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Openly available at DOI: https://doi.org/10.1017/S2398772300001148

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