Goldwater v. Carter Case Brief Summary | Law Case Explained
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Goldwater v. Carter | 444 U.S. 996 (1979)
In the late 1970s, a dispute between the President and Congress on the limits of presidential authority created more than just the usual awkward tension in Washington D.C. It also led to a badly fragmented United States Supreme Court decision in Goldwater versus Carter.
Without the Senate’s approval, President Jimmy Carter unilaterally rescinded a defense treaty with Taiwan. Carter was hoping to form a new treaty with the People’s Republic of China. In so doing, however, he incurred the wrath of Senator Barry Goldwater and several other senators who filed a lawsuit against the President.
The Constitution is silent on how a treaty can be terminated. The Senators argued that, because a two-thirds majority in the Senate is required to ratify a treaty, Senate approval is also required to nullify a treaty. The district court agreed, and held that congressional approval is required for the termination of a treaty. The court of appeals reversed, holding that unilaterally terminating the treaty was within the President’s authority. The Supreme Court granted cert.
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