Senator Barry Goldwater v. James Earl Carter, President of the United States

I concur in the decision of a majority of my colleagues that the Senators and Representatives who are the plaintiffs in this action possess standing to have their grievance decided by this court, and that the question raised is not a “political” one that we should decline to adjudicate. We are not deciding a political question, but merely determining the procedure to be followed under the Constitution for the termination of a treaty. I disagree, however, with the majority’s conclusion on the merits that the Constitution confers the absolute power on the President, acting alone, to terminate…