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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President Jimmy Carter (defendant) unilaterally rescinded a treaty formed with Taiwan, so that the United States could instead form a treaty with the new People’s Republic of China.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

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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 (Per Curiam)

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.).

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Concurrence (Rehnquist, J.)

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Concurrence (Powell, J.)

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Dissent (Brennan, J.)

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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.