GOLDWATER v. CARTER
Term:
- 1970-1979
Location:
White House
Facts of the Case
President Jimmy Carter acted without congressional approval in ending a defense treaty with Taiwan.
Question
Did Congress have a constitutional role to play in the termination of the treaty?
Conclusion
Decision: 8 votes for Carter, 1 vote(s) against
Legal provision:
Legal provision:
Without oral argument ,the divided justices found that the case was not justiciable. Rehnquist led a group of four others who believed that the issue involved a political question, namely, how the President and Congress would conduct the nation's foreign affairs. Justice Powell did not find the case ripe for judicial review. He reasoned that since Congress had not formally challenged Carter's authority, technically there was no conflict for the Court to resolve. The dissenters were prepared to hear the case.
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Cite this Page
GOLDWATER v. CARTER. The Oyez Project at IIT Chicago-Kent College of Law. 20 May 2012. <http://www.oyez.org/cases/1970-1979/1979/1979_79_856>.
GOLDWATER v. CARTER, The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/1970-1979/1979/1979_79_856 (last visited May 20, 2012).
"GOLDWATER v. CARTER," The Oyez Project at IIT Chicago-Kent College of Law, accessed May 20, 2012, http://www.oyez.org/cases/1970-1979/1979/1979_79_856.