296 U.S. at 503. The original Smoot-Hawley language that Rubenfeld cites was in section 338(d) of the Tariff Act of 1930 [19 U.S.C. §1338(d)], which granted the President this broad tariff power ...

Okay, apparently no president has ever invoked this statutory provision and imposed a tariff under it, and admittedly the name "Smoot Hawley" is not exactly covered in glory these days.

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