¹ It is a curious feature of this provision that it implies that the amount of penalty which will just offset the burden of a foreign discrimination against American commerce differs according to whether or not an initial penalty had already been imposed. The provision is hopelessly confused as between penalties which will offset the burden against American commerce and penalties which will succeed in securing the removal of the discrimination. 1 doubt whether any economist would admit that any penalty duty can normally operate to mitigate the harm to American commerce from a continuing foreign discrimination. What penalty will suffice to secure the removal of a discrimination is a nice question of psychology to which there is no certain answer until after the event. If the lawyers can find that this provision involves merely the routine execution by the President of a policy whose terms have been laid down by Congress, it will be a greater tribute to the elasticity of their constitutional doctrines than to their insight into the real nature of the problems with which this provision attempts to deal.