titutional ground or another, the general power of Congress
to regulate their subject matter in time of war was not disputed. Not
until the Government sought to recover excessive profits realized on war
contracts did the Supreme Court have occasion to affirm the broad
authority of the National Government to mobilize the industrial
resources of the nation in time of war. Using the power of Congress to
conscript men for the armed forces as a measure of its power to regulate
industry, the Court sustained the legislation, saying: "The
Renegotiation Act was developed as a major wartime policy of Congress
comparable to that of the Selective Service Act. The authority of
Congress to authorize each of them sprang from its war powers. * * *
With the advent of * * * [global] warfare, mobilized property in the
form of equipment and supplies became as essential as mobilized
manpower. Mobilization of effort extended not only to the uniformed
armed services but to the entire population. Both Acts were a form of
mobilization. The language of the Constitution authorizing such
measures is broad rather than restrictive. * * * [It] * * * places
emphasis upon the supporting as well as upon the raising of armies. The
power of Congress as to both is inescapably express, not merely
implied."[1268]

DELEGATION OF LEGISLATIVE POWER IN WARTIME

While insisting that, "in peace or in war it is essential that the
Constitution be scrupulously obeyed, and particularly that the
respective branches of the Government keep within the powers assigned to
each,"[1269] the Supreme Court has recognized that in the conduct of a
war delegations of power may be valid which would not be admissible in
other circumstances. The cases in which this issue has been raised have
been few in number. In one, the Selective Draft Law cases,[1270] the
objection was dismissed without discussion. In a second, the
price-fixing authority exercised by the Office of Price Administration
during the second world war, was, on the issue of delegation of power,
sustained by reference to peace time precedents.[1271] Where the war
power has been the basis of decision, two different theories concerning
its significance can be recognized. The first is that since the war
power is an inherent power shared by the legislative and executive
departments rather than an enumerated power granted to the former,
Congress does not delegate _legislative_ power when it authorizes the
President to exe