als named therein the discretion contained
in the Original Renegotiation Act of April 28, 1942, and the amendments
of October 21, 1942. We believe that the administrative authority there
granted was well within the constitutional war powers then being put to
their predestined uses."[1279]

WAR POWERS IN TIME OF PEACE

To some indeterminate extent the power to wage war embraces the power to
prepare for it and the further power to deal with the problem of
adjustment after hostilities have ceased. In his Commentaries, Justice
Story wrote as follows with specific reference to the question of
preparation for war: "'It is important also to consider, that the surest
means of avoiding war is to be prepared for it in peace. * * * How could
a readiness for war in time of peace be safely prohibited, unless we
could in like manner prohibit the preparations and establishments of
every hostile nation? The means of security can be only regulated by the
means and the danger of attack. * * * It will be in vain to oppose
constitutional barriers to the impulse of self-preservation.'"[1280]
Authoritative judicial recognition of the power is found in Ashwander
_v._ Tennessee Valley Authority,[1281] where, in sustaining the power of
the Government to construct and operate Wilson Dam and the power plant
connected with it, pursuant to the National Defense Act of June 3,
1916,[1282] the Court said: "While the District Court found that there
is no intention to use the nitrate plants or the hydroelectric units
installed at Wilson Dam for the production of war materials in time of
peace, 'the maintenance of said properties in operating condition and
the assurance of an abundant supply of electric energy in the event of
war, constitute national defense assets.' This finding has ample
support."[1283]

Atomic Energy Act

By far the most significant example of legislation adopted at a time
when no actual "shooting war" was in progress, with the object of
providing for the national defense, is the Atomic Energy Act of
1946.[1284] That law establishes an Atomic Energy Commission of five
members which is empowered to conduct through its own facilities, or by
contracts with, or loans to private persons, research and developmental
activity relating to nuclear processes, the theory and production of
atomic energy and the utilization of fissionable and radioactive
materials for medical, industrial and other purposes. The act further
provides that th