Goldwater v. Carter

Tribe, Lawrence H.
March 1979
New Republic;3/17/79, Vol. 180 Issue 11, p14
Reports that United States Senator Barry Goldwater has filed a lawsuit against President Jimmy Carter over Carter's termination of a mutual defense treaty with the Republic of China on Taiwan without seeking the Senate's prior consent. Treaty's language indicates it can be terminated by either party on one year's notice; Treaty-making clause in the Constitution requires the president to obtain Senate consent before involving the nation in "foreign entanglements"; Framers of the constitution required no congressional role in termination; Text of the Constitution is silent on this question.


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