GOLDWATER v. CARTER

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Case Basics
Docket No. 
79-856
Petitioner 
Goldwater
Respondent 
Carter
Tags
Term:
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:

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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GOLDWATER v. CARTER. The Oyez Project at IIT Chicago-Kent College of Law. 23 October 2014. <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 October 23, 2014).
"GOLDWATER v. CARTER," The Oyez Project at IIT Chicago-Kent College of Law, accessed October 23, 2014, http://www.oyez.org/cases/1970-1979/1979/1979_79_856.