The purpose of this Comment is to illustrate a theory of political question jurisprudence which would have allowed the courts to rule that the issue of treaty termination presents a political question without creating unnecessary precedents for the expansion of executive power. Part I will briefly review four leading theories of the political question doctrine, focusing on the difference between exemption of a constitutional issue from judicial review and denial of relief within the context of judicial review. Based on this analysis, Part II will examine the plurality's approach in Goldwater, and explore two alternative approaches for categorizing the issue of treaty termination as a political question. Finally, Part III will propose a method for settling the treaty termination problem by congressional action.
Termination of Treaties as a Political Question: The Role of Congress after Goldwater v. Carter,
4 Fordham Int'l L.J. 81
Available at: http://ir.lawnet.fordham.edu/ilj/vol4/iss1/4