Goldwater v. Carter : foreign policy, China, and the resurgence of executive branch primacy / Joshua E. Kastenberg.

Format:

Book

Author/Creator:

Kastenberg, Joshua E., 1967- author.

Series:

Landmark law cases & American society

Language:

English

Subjects (All):

Treaty-making power--United States.

Treaty-making power.

Executive power--United States.

Executive power.

United States--Foreign relations--Treaties.

United States.

Treaties--Termination.

Treaties.

United States--Foreign relations--China.

United States--Foreign relations--Taiwan.

United States--Politics and government--1977-1981.

Mutual Defense Treaty between the United States of America and the Republic of China (1954 December 2).

Mutual Defense Treaty between the United States of America and the Republic of China.

Physical Description:

x, 214 pages ; 23 cm.

Other Title:

Goldwater versus Carter

Place of Publication:

Lawrence, Kansas : University Press of Kansas, [2023]

Summary:

"Goldwater v. Carter tells the story of the Supreme Court decision to uphold President Jimmy Carter's unilateral decision to nullify the Sino-American Mutual Defense Treaty with the Republic of China (Taiwan), thereby enabling the United States to establish relations with the People's Republic of China. Senator (and former presidential candidate) Barry Goldwater and other members of Congress brought a lawsuit against Carter, arguing that Carter needed Senate approval to take this action. Goldwater claimed that if Carter could withdraw from the treaty with Taiwan, then another president could theoretically withdraw from NATO, thereby endangering the global political order. Ironically, years later, this very threat was posed by President Donald Trump, who stood in the mold of Goldwater's brand of conservativism. Joshua Kastenberg places the case of Goldwater v. Carter in the larger context of executive power. While presidential power had increased in the wake of FDR's New Deal, Congress curbed this expansion of executive branch authority as a result of the Vietnam conflict, placing restrictions on the presidency in areas of foreign policy and national security that had not been seen since the defeat of the League of Nations in the Senate in 1919. The Court's decision in favor of Carter, however, marked a return to the growth of the "imperial presidency," which has since only continued to expand"-- Provided by publisher.

Contents:

Introduction

President Carter, China, and the coming clash in the court

Goldwater's Congressional allies and Carter's tepid supporters

In the Court of Oliver Gasch

The Court of Appeals, the merits of the case, and conflict with Iran

In the Supreme Court : the political doctrine question

Aftermath

Chronology.

Notes:

Includes bibliographical references and index.

Other Format:

Online version: Kastenberg, Joshua E., 1967- Goldwater v. Carter

ISBN:

9780700635474

0700635475

9780700635467

0700635467

OCLC:

1391120381