Scalia: Pres. must not have "uncontrolled mastery" over foreign affairs [cough]

The SCOTUS passport case that came down today (pdf here) reflected mostly a liberal-conservative split (Kennedy writing the majority opinion), with Thomas wandering off on his own.  At issue was a statutory provision requiring the State Dept., on request, to list Israel as the place of birth in a passport of a U.S. citizen born in Jerusalem.  The majority struck this down, saying it improperly constrained the President's power to recognize foreign governments and noting that the official executive-branch policy is (in the words of the syllabus, i.e. the opinon summary) that it "does not recognize any country as having sovereignty over Jerusalem."

Scalia, writing the main dissent (which was the only opinion I spent any time looking at), was indignant ("nonsense," logic worthy of "Mad Hatter") and professed to have enormous concern for the separation of powers and that the President should not have "uncontrolled mastery" over foreign policy.  Two things: first, Scalia insisted that recognition is "a type of legal act," not "a type of statement," which ignores or glosses over the fact that legal acts of recognition are themselves statements; second, one might be forgiven for wondering whether Scalia would have been so concerned about untrammeled presidential power in foreign affairs if this case had concerned something other than Israel and Jerusalem.

Note: Post edited slightly after initial posting.