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This case discusses whether a President can terminate a treaty without Congressional approval. President Carter terminated a defense treaty with Taiwan without Congressional approval. Congress claimed this deprived them of their constitutional role in changing laws. The Supreme Court dismissed the case, finding it involved a non-justiciable political question between the executive and legislative branches. The Court said it should not interfere with disputes between the President and Congress that involve political rather than legal considerations, and should wait until the political branches reach an impasse before ruling on issues of allocating power between the branches.
This case discusses whether a President can terminate a treaty without Congressional approval. President Carter terminated a defense treaty with Taiwan without Congressional approval. Congress claimed this deprived them of their constitutional role in changing laws. The Supreme Court dismissed the case, finding it involved a non-justiciable political question between the executive and legislative branches. The Court said it should not interfere with disputes between the President and Congress that involve political rather than legal considerations, and should wait until the political branches reach an impasse before ruling on issues of allocating power between the branches.
This case discusses whether a President can terminate a treaty without Congressional approval. President Carter terminated a defense treaty with Taiwan without Congressional approval. Congress claimed this deprived them of their constitutional role in changing laws. The Supreme Court dismissed the case, finding it involved a non-justiciable political question between the executive and legislative branches. The Court said it should not interfere with disputes between the President and Congress that involve political rather than legal considerations, and should wait until the political branches reach an impasse before ruling on issues of allocating power between the branches.
1. President Carter terminated a defense treaty with Taiwan without
the Congress approval 2. Congress Claims that that the unilateral act of the president has deprived them of their constitutional role in changing the law of the land 3. Congress did not undertook any official action to address the issue.
Issue 1. Is this issue of whether a President can terminate a treaty without Congressional approval a non-justiciable political question? Held 1. Case was dismissed.
2. The majority of the opinion of the court concurred on the case
being nonjusticiable political in its character. 3. The rationale for the court in not interfering with the dispute between the president and the congress in this case: The differences should, and almost invariably do, turn on political rather than legal considerations. The Judicial Branch should not decide issues affecting the allocation of power between the President and Congress until the political branches reach a constitutional impasse. Otherwise, we would encourage small groups or even individual Members of Congress to seek judicial
resolution of issues before the normal political process has the