Goldwater v. Carter
Encyclopedia
Goldwater v. Carter, 444 U.S. 996
(1979), was a United States Supreme Court
case which was the result of a lawsuit
filed by Senator Barry Goldwater
and other members of the United States Congress
challenging the right of President Jimmy Carter
to unilaterally nullify the Sino-American Mutual Defense Treaty
, which the United States
had signed with the Republic of China
, so that relations could instead be established with the People's Republic of China
. Goldwater and his co-filers claimed that the President required Senate
approval to take such an action, under Article II, Section II of the U.S. Constitution
, and that, by not doing so, President Carter had acted beyond the powers of his office.
Granting a petition for certiorari
but without hearing oral arguments, the court vacated a court of appeals ruling and remanded the case to a federal district court with directions to dismiss the complaint. A majority of six Justices
ruled that the case should be dismissed without hearing an oral argument. Justices Lewis Powell
and William Rehnquist
issued two separate concurring opinions on the case. Rehnquist claimed that the issue concerned how foreign affairs were conducted between Congress and the President, and was essentially political, not judicial; therefore, it was not eligible to be heard by the court. Powell, while agreeing that the case did not merit judicial review
, believed that the issue itself, the powers of the President to break treaties without congressional approval, would have been arguable had Congress issued a formal opposition through a resolution
to the termination of the treaty. (The Senate had drafted such a resolution, but not voted upon it). This would have turned the case into a constitutional debate between the executive
powers granted to the President and the legislative powers granted to Congress. As the case stood, however, it was simply a dispute among unsettled, competing political forces within the legislative and executive branches of government, and hence still political in nature due to the lack of majority or supermajority vote in the Senate speaking officially as a constitutional institution. Today, the case is considered a textbook example of the political question
doctrine in U.S. constitutional law
.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1979), was a United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
case which was the result of a lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
filed by Senator Barry Goldwater
Barry Goldwater
Barry Morris Goldwater was a five-term United States Senator from Arizona and the Republican Party's nominee for President in the 1964 election. An articulate and charismatic figure during the first half of the 1960s, he was known as "Mr...
and other members of the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
challenging the right of President Jimmy Carter
Jimmy Carter
James Earl "Jimmy" Carter, Jr. is an American politician who served as the 39th President of the United States and was the recipient of the 2002 Nobel Peace Prize, the only U.S. President to have received the Prize after leaving office...
to unilaterally nullify the Sino-American Mutual Defense Treaty
Sino-American Mutual Defense Treaty
Sino-American Mutual Defense Treaty was a treaty between the United States of America and the Republic of China; it was signed on December 2, 1954 at the Zhongshan Hall in Taipei and came into force on March 3, 1955...
, which the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
had signed with the Republic of China
Republic of China
The Republic of China , commonly known as Taiwan , is a unitary sovereign state located in East Asia. Originally based in mainland China, the Republic of China currently governs the island of Taiwan , which forms over 99% of its current territory, as well as Penghu, Kinmen, Matsu and other minor...
, so that relations could instead be established with the People's Republic of China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
. Goldwater and his co-filers claimed that the President required Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
approval to take such an action, under Article II, Section II of the U.S. Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
, and that, by not doing so, President Carter had acted beyond the powers of his office.
Granting a petition for certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
but without hearing oral arguments, the court vacated a court of appeals ruling and remanded the case to a federal district court with directions to dismiss the complaint. A majority of six Justices
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
ruled that the case should be dismissed without hearing an oral argument. Justices Lewis Powell
Lewis Franklin Powell, Jr.
Lewis Franklin Powell, Jr. was an Associate Justice of the Supreme Court of the United States. He developed a reputation as a judicial moderate, and was known as a master of compromise and consensus-building. He was also widely well regarded by contemporaries due to his personal good manners and...
and William Rehnquist
William Rehnquist
William Hubbs Rehnquist was an American lawyer, jurist, and political figure who served as an Associate Justice on the Supreme Court of the United States and later as the 16th Chief Justice of the United States...
issued two separate concurring opinions on the case. Rehnquist claimed that the issue concerned how foreign affairs were conducted between Congress and the President, and was essentially political, not judicial; therefore, it was not eligible to be heard by the court. Powell, while agreeing that the case did not merit judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
, believed that the issue itself, the powers of the President to break treaties without congressional approval, would have been arguable had Congress issued a formal opposition through a resolution
Resolution (policy debate)
In policy debate, a resolution or topic is a normative statement which the affirmative team affirms and the negative team negates. Resolutions are selected annually by affiliated schools....
to the termination of the treaty. (The Senate had drafted such a resolution, but not voted upon it). This would have turned the case into a constitutional debate between the executive
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
powers granted to the President and the legislative powers granted to Congress. As the case stood, however, it was simply a dispute among unsettled, competing political forces within the legislative and executive branches of government, and hence still political in nature due to the lack of majority or supermajority vote in the Senate speaking officially as a constitutional institution. Today, the case is considered a textbook example of the political question
Political question
In American Constitutional law, the political question doctrine is closely linked to the concept of justiciability, as it comes down to a question of whether or not the court system is an appropriate forum in which to hear the case. This is because the court system only has authority to hear and...
doctrine in U.S. constitutional law
Constitutional law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
.
Quotes
Conclusion
While throwing out the case of Goldwater v. Carter, the Supreme Court left the question of the constitutionality of the President Carter's action open. Powell and Rehnquist merely questioned the judicial merit of the case itself; they did not explicitly approve Carter's action. Moreover, Powell even stated that this could be a valid constitutional issue. Article II, Section II of the Constitution merely states that the President cannot make treaties without a Senate majority two-thirds vote. As it stands now, there is no official ruling on whether the President has the power to break a treaty without the approval of Congress.External links
[ 444 U.S. 996] Full text of the opinion courtesy of Findlaw.com.- "Goldwater v. Carter." http://www.runet.edu/~mfranck/images/490%20seminar/Goldwater%20v%20Carter.pdf
- "Goldwater v. Carter." Oyez: U.S. Supreme Court Multimedia. http://www.oyez.org/oyez/resource/case/143/