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Goldwater v. Carter
United States Supreme Court
444 U.S. 996 (1979)
President Jimmy Carter (defendant) unilaterally rescinded a treaty formed with Taiwan, so that the United States could instead form a treaty with the new People’s Republic of China. Senator Barry Goldwater and several other senators (plaintiffs) filed a constitutional challenge against this action. The senators argued that, because a two-thirds majority in the Senate was required to ratify a treaty, Senate approval was also required to nullify a treaty. The district court agreed and held that congressional approval was 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 United States Supreme Court granted certiorari.
Rule of Law
Holding and Reasoning (Per Curiam)
Concurrence (Powell, J.)
Concurrence (Rehnquist, J.)
Dissent (Brennan, J.)
Dissent (Blackmun, J.)
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