The president, as head of the executive branch, has exclusive power to recognize (or not recognize) foreign nations. Decided June 8, 2015 (argued November 3, 2014). Opinion of the Court: Anthony Kennedy → go there Dissenting: Roberts, Scalia. Topic: Foreign. Zivotofsky v. Kerry, 576 U.S. 1 (2015), is a United States Supreme Court decision that held that the president, as head of the executive branch, has exclusive power to recognize formally a foreign sovereign and its territorial boundaries; as such, Congress may not require the State Department to indicate in passports that Jerusalem is part of Israel. Wiki link