other exactions which "he may deem to be reciprocally unequal and
unjust." In sustaining this statute the Court relied heavily upon two
factors: (1) legislative precedents which demonstrated that "in the
judgment of the legislative branch of the government, it is often
desirable, if not essential, * * *, to invest the President with large
discretion in matters arising out of the execution of statutes relating
to trade and commerce with other nations";[70] (2) that the act "did
not, in any real sense, invest the President with the power of
legislation. * * * Congress itself prescribed, in advance, the duties to
be levied, * * *, while the suspension lasted. Nothing involving the
expediency or the just operation of such legislation was left to the
determination of the President. * * * He had no discretion in the
premises except in respect to the duration of the suspension so
ordered."[71] By similar reasoning, the Court sustained the flexible
provisions of the Tariff Act of 1922 whereby duties were increased or
decreased to reflect differences in cost of production at home and
abroad, as such differences were ascertained and proclaimed by the
President.[72]

ARMS EMBARGO

That the delegation of discretion in dealing with foreign relations
stands upon a different footing than the transfer of authority to
regulate domestic concerns was clearly indicated in United States _v._
Curtiss-Wright Export Corp.[73] There the Court upheld the Joint
Resolution of Congress which made it unlawful to sell arms to certain
warring countries "if the President finds that the prohibition of the
sale of arms and munitions of war in the United States to those
countries now engaged in armed conflict in the Chaco may contribute to
the reestablishment of peace * * *, and if * * *, he makes proclamation
to that effect, * * *" Said Justice Sutherland for the Court: "It is
important to bear in mind that we are here dealing not alone with an
authority vested in the President by an exertion of legislative power,
but with such an authority plus the very delicate, plenary and exclusive
power of the President as the sole organ of the Federal Government in
the field of international relations--* * *, Congressional legislation
which is to be made effective through negotiation and inquiry within the
international field must often accord to the President a degree of
discretion and freedom from statutory restriction which would not be
admissible were dome