Nov. 17, 2016
- President Trump Could Unilaterally Recognize Jerusalem as the Capital of Israel – Julian Ku
The U.S. Supreme Court recently confirmed in Zivotofsky v. Kerry that the U.S. Constitution grants the President the exclusive power to recognize foreign nations and governments. This power includes, the Court held, the exclusive power to withhold recognition of Jerusalem as the capital of Israel.
Certainly, the Palestinian Authority is ready to raise holy hell if Trump carries out his promise to recognize Jerusalem as the capital of Israel and move the U.S. embassy there. But the U.S. President is authorized, under U.S. constitutional law, to violate or abrogate UN Security Council resolutions, if they actually prohibited such recognition. The writer is Professor of Constitutional Law at Hofstra University School of Law. (Opinio Juris)
See also What Would Trump Have to Do to Move the U.S. Embassy to Jerusalem? Nothing at All – Raphael Ahren
The U.S. Congress in 1995 decided to recognize Jerusalem as Israel’s capital and transfer the embassy and the ambassador’s residence from Tel Aviv to Jerusalem. Every six months since then, the president has signed a waver suspending the decision, and President Obama is expected to do so again in about three weeks. If Trump decides to break with tradition, he could simply not sign the presidential waiver.
Former Israeli national security adviser Maj.-Gen. (res.) Yaakov Amidror said this week that such a decision “will not change anything fundamentally on the ground, but it would be very important symbolically.” Ilan Goldenberg, director of the Middle East Security Program at the Center for a New American Security, said, “It would be a huge problem for the Palestinians, but the rest of the Arab world doesn’t really care about this; they have other worries right now.” (Times of Israel)