Recognition,diplomacy, and international law: The curious case of the United States and China

Political necessity required President Jimmy Carter to terminate, effective 1 January 1980, the 1954 Mutual Defense Treaty between the United States and the Republic of China (Taiwan). Prior to the effective termination date, the President's action was challenged by Senator Barry Goldwater who sought to prevent termination of the Mutual Defense Treaty unless and until the Senate, or the whole Congress, gave its consent. Neither the United States Constitution nor the historical record could provide clear guidance on the proper means to terminate a treaty. Recognizing the unavoidable interrelationship between diplomacy and domestic‐as well as international‐law, the United States Supreme Court dismissed the case of Goldwater v. Carter as a political question best resolved by the two political branches of government involved. In taking this action, the Court was able to preserve its image of objectivity while implicitly supporting the President's action.