GOLDWATER v. CARTER
President Jimmy Carter acted without congressional approval in ending a defense treaty with Taiwan.
Did Congress have a constitutional role to play in the termination of the treaty?
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.