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This constitutional question was apparent while the legislation was working its way through both chambers; Sen.Dole's amendment adopted into the introduced language included a provision that, in part, returned to the Executive Branch the power over foreign affairs that it already had.Under the Constitution of the United States the President has exclusive authority to recognize foreign sovereignty over territory. Bush and Barack Obama have alluded to or explicitly stated the belief that Congressional resolutions attempting to legislate foreign policy infringe upon the Executive's authority and responsibility to carry out sound and effective U. President Clinton took the unusual step of not signing the Embassy Act into law once Congress presented it to him, but instead, to show his disapproval, let 10 days of inaction pass, allowing the bill to return to Congress and automatically become law by Constitutional "default".

He had secured the support of Great Britain (albeit qualified—Great Britain did not recognize the incorporation of East Jerusalem, maintaining that it ought to be part of a corpus separatum, an international enclave).

This occurred virtually the same day the Palestine Mandate was approved by the League of Nations; although official government findings about the affected peoples' choices concerning self-determination were available in government circles, they were withheld from the public until the following December. These competing nationalist claims led to increasing civil violence during the inter-war period; following World War II, the "Question of Palestine" was placed before the United Nations, as the League's successor agency.

On November 29, 1947, the UN General Assembly adopted Resolution 181, the United Nations Partition Plan for Palestine; it contained a recommendation that Jerusalem be placed under a special international regime, a corpus separatum, administered by the United Nations and be separate from both the Jewish and Arab states envisioned.

The Act became law without a presidential signature on November 8, 1995.

The Act recognized Jerusalem as the capital of the State of Israel and called for Jerusalem to remain an undivided city.

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