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Constitutional Law Keyed to Rotunda
Goldwater v. Carter
Citation:
444 U.S. 996 (1979)Only StudyBuddy Pro offers the complete Case Brief Anatomy*
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
President Carter gave unilateral notice of the termination of the mutual defense treaty to the Republic of China (Taiwan) pursuant to the termination clause contained in treaty allowing either party to terminate within one year’s notice. The President also recognized the Peking Government rather than the Taiwan Government as the Government of China. Some members from the Senate and the House sued claiming that the President may not terminate the treaty without legislative participation. The district court held the President’s notice of termination was ineffective unless two-thirds of the Senate or the majority of both Houses approved. The Circuit Court reversed.
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