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Goldwater v. Carter

Goldwater v. Carter - Goldwater v Carter(1979[Political...

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Goldwater v. Carter (1979) [Political Questions Doctrine/Ripeness] Facts: In 1979, President Jimmy Carter unilaterally, without the consent and/or approval of congress, terminated a defense treaty with Taiwan. Underlying the case was an enduring support extended by the conservative leadership toward Taiwan which housed the Chinese nationalist government after they were forced out of the China mainland by the new communist Chinese regime. Following the President’s termination of the treaty, Senator Barry Goldwater and several other senators filed suit against President Carter, challenging the constitutionality of Carter’s termination of a defense treaty without the approval of the Senate. Issue: Is President Carter’s termination of the defense treaty with Taiwan justiciable based on the political questions doctrine ? Rule: An issue that is better resolved by the other branches of government is not justiciable and will not be heard.
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  • Fall '07
  • Auerbach
  • Supreme Court of the United States, President of the United States, President Carter, President Jimmy Carter, defense treaty

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