December 13, 1979: Supreme Court Refuses to Hear Case Challenging President’s Authority to Withdraw Nation from International Treaties

The Supreme Court refuses to hear a case brought against President Jimmy Carter by Senator Barry Goldwater (R-AZ) and several other conservative lawmakers. In Goldwater v. Carter, the senators argue that Carter exceeded his authority in unilaterally withdrawing the United States from a mutual defense treaty with Taiwan. Carter took the unusual step in order to recognize the Communist government in mainland China as the US-recognized representative government of China. Goldwater and his fellows argued that Congress, not the president, has the power to withdraw the US from a treaty with another nation. The Court, in an 8-1 decision with liberal Justice William Brennan dissenting, rules that the case is not appropriate for the judiciary, but should be resolved via negotiation and legislation between the legislative and executive branches. Conservative Justice William Rehnquist writes the majority opinion. Congress, controlled by Carter’s Democratic Party, does not address the question of how to properly withdraw the nation from a treaty, and Carter’s action stands. [Savage, 2007, pp. 141-142; Oyez (.org), 6/2007]