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Transcript

TOPIC

Goldwater v Carter

444 U.S. 996 (1979)

John Paul Milanes

2-Sanchez Roman

FACTS

FACTS

Without the Senate's approval, President Jimmy Carter unilaterally rescinded a defense treaty with Taiwan. The latter 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, but the senators argued that because a two-thirds majority in the Senate is required to ratify a treaty, the same 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.

ISSUE

Whether or not the president can unilaterally terminate a treaty.

RULING

Without oral argument, the Court issued a two-sentence per curiam opinion, holding that the question presented wasn't justiciable. The Court remanded the case to the District Court with instructions to dismiss.

This issue was not ripe because the Senate never tried to invoke a resolution against it. Were it ripe, however, the issue would be justiciable because it would require an interpretation of the Constitution. Even though the Supreme Court cannot hear purely political questions, it can review cases to determine if the interpretation of the Constitution is correct.

Justice Rehnquist

Justice Brennan

argued that the case should be dismissed because it presented a political question.

argued that the issue was a matter of ordinary constitutional law. The Court merely needed to decide which branch had the power to nullify treaties. As a result, the matter fell squarely within the judiciary's domain.

Justice Powell

supported dismissing the case on the ground that it wasn't ripe for judicial review; disagreed with Rehnquist about whether the case presented a political question.

CONCLUSION

Goldwater versus Carter is one of the most fractured opinions in Supreme Court history. Although the justices' opinions illustrated different approaches to the justiciability doctrine, the case left a major question of constitutional law unanswered, namely whether the president can terminate a treaty without congressional approval.

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