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Goldwater v. Carter

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Bloomberg Law

Citation. 22 Ill.444 U.S. 996, 100 S. Ct. 533, 62 L. Ed. 2d 428 (1979)

Brief Fact Summary. President Carter terminated a treaty with Taiwan without congressional approval.

Synopsis of Rule of Law. This is a political question and not justiciable.

Facts. President Carter terminated a treaty with Taiwan, and a few Congressional members felt that this deprived them of their Constitutional function. However, no Congressional action was ever taken. The Senate considered a resolution that would require the President to get Senate approval before any mutual defense treaty could be terminated, but there was no final vote on the resolution.

Issue. Is this issue of whether a President can terminate a treaty without Congressional approval a non-justiciable political question?

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