Foreign Affairs Cases: The Need for a Mandatory Certification Procedure

David A. Katz
1980 California Law Review  
The district court's erroneous decision in Goldwater v. Carter] poses a "serious problem"for newly opened U.S. -Chinese dplomatic relations. 4 Washington spokesman for the People's Republic of China 1 The American judiciary has long recognized that it should leave foreign affairs matters to the political branches of government. 2 The courts have expressed this understanding through the use of the political question doctrine, extreme judicial deference to executive and legislative decisions
more » ... tive decisions concerning war and related military matters, sovereign immunity, the Act of State doctrine, and a narrow standard of review for decisions concerning immigration and naturalization. These doctrines, which might be termed judicial nonintervention doctrines, call for less judicial inquiry into actions of the executive and legislative branches in foreign than in domestic affairs.
doi:10.2307/3480265 fatcat:gbfcrnp3wrhazpstzqucsgsbfu