Goldwater v. Carter: The Constitutional Allocation of Power in Treaty Termination

Abstract

On December 15, 1979, President Carter announced his intention to recognize and establish diplomatic relations with the People's Republic of China CPRC). In a separate statement, the President indicated that on January 1, 1979, the United States would notify Taiwan that it would terminate diplomatic relations with the Republic of China (ROC) and would terminate the Mutual Defense Treaty between the United States and the ROC which had entered into force March 3, 1955. One week after his public announcements, the President wrote the following letter to the Secretary of State: "Please deliver to the Republic of China a notice under Article X of the U.S.-ROC Mutual Defense Treaty of 19 54 to effect termination of the treaty.one year after January 1, 1979. "