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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President Jimmy Carter (defendant) unilaterally rescinded a treaty formed with Taiwan, so that the United States could instead form a treaty with the new People’s Republic of China.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 (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
Holding and Reasoning (Per Curiam)
Concurrence (Rehnquist, J.)
Concurrence (Brennan, J.)
Dissent (Powell, J.)
Dissent (Blackmun, J.)
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