Goldwater v. Carter 444 U.S. 285 (1979)
GOLDWATER v. CARTER 444 U.S. 285 (1979)
Members of Congress sued the President for declaratory and injunctive relief, claiming he had exceeded his powers in terminating a treaty with the Republic of China (Taiwan) without any congressional participation. Without briefing or oral argument, a fragmented Supreme Court held, 6–3, that the case was not justiciable. Justice william h. rehnquist, for four Justices, concluded that the case presented a political question. Justice lewis f. powell rejected this argument but concluded that the case lacked ripeness because the President and Congress had not reached an impasse. Justice thurgood marshall concurred in the result. Justice william j. brennan would have affirmed the court of appeals's decision upholding the President's action, and the other dissenting Justices would have set the case for full argument.
Kenneth L. Karst
(1986)