Logourl black

Goldwater v. Carter

United States Supreme Court
444 U.S. 996 (1979)


Facts

President Jimmy Carter (defendant) unilaterally rescinded a treaty formed with Taiwan so that the United States could instead form a treaty with the new People’s Republic of China.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 (plaintiff) filed a constitutional challenge against this action, arguing that the President exceeded his bounds because the Senate must be involved in rescinding a treaty, just as a two-thirds vote by the Senate is required to make a treaty. The court of appeals determined this was a justiciable question. The United States Supreme Court granted certiorari.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Rehnquist, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

Concurrence (Powell, J.)

The concurrence section is for members only and includes a summary of the concurring judge or justice’s opinion. To access this section, start your 7-day free trial of Quimbee for Law Students.

Concurrence (Brennan, J.)

The concurrence section is for members only and includes a summary of the concurring judge or justice’s opinion. To access this section, start your 7-day free trial of Quimbee for Law Students.

Dissent (Blackmun, J.)

The dissent section is for members only and includes a summary of the dissenting judge or justice’s opinion. To access this section, start your 7-day free trial of Quimbee for Law Students.

Here's why 78,000 law students rely on our case briefs:

  • Reliable - written by law professors and practitioners not other law students.
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your class - works on your mobile and tablet.
  • 10,692 briefs - keyed to 140 casebooks.
  • Uniform format for every case brief.
  • Written in plain English - not in legalese and not just repeating the court's language.
  • Massive library of related video lessons - and practice questions.
  • Ability to tag case briefs in an outlining tool.
  • Top-notch customer support.
Start Your Free Trial Now