. * * * Where, as in the present case, the standard
set up for the guidance of the military commander, and the action taken
and the reasons for it, are in fact recorded in the military orders, so
that Congress, the courts and the public are assured that the orders, in
the judgment of the commander, conform to the standards approved by the
President and Congress, there is no failure in the performance of the
legislative function."[1275] He went on to say, however, that: "The
essentials of [the legislative] * * * function are the determination by
Congress of the legislative policy and its approval of a rule of conduct
to carry that policy into execution. The very necessities which attend
the conduct of military operations in time of war in this instance as in
many others preclude Congress from holding committee meetings to
determine whether there is danger, before it enacts legislation to
combat the danger."[1276]

Doctrine of Lichter _v._ United States

A similar ambiguity is found in Lichter _v._ United States,[1277] but on
the whole the opinion seems to espouse the second theory, as the
following excerpts indicate: "_A constitutional power implies a power of
delegation of authority under it sufficient to effect its
purposes_.--This power is especially significant in connection with
constitutional war powers under which the exercise of broad discretion
as to methods to be employed may be essential to an effective use of its
war powers by Congress. The degree to which Congress must specify its
policies and standards in order that the administrative authority
granted may not be an unconstitutional delegation of its own legislative
power is not capable of precise definition.[1278] * * * Thus, while the
constitutional structure and controls of our Government are our guides
equally in war and in peace, they must be read with the realistic
purposes of the entire instrument fully in mind. In 1942, in the early
stages of total global warfare, the exercise of a war power such as the
power 'To raise and support Armies, * * *' and 'To provide and maintain
a Navy; * * *,' called for the production by us of war goods in
unprecedented volume with the utmost speed, combined with flexibility of
control over the product and with a high degree of initiative on the
part of the producers. Faced with the need to exercise that power, the
question was whether it was beyond the constitutional power of Congress
to delegate to the high offici