rs is, by the doctrine of the Curtiss-Wright case,[57]
in a state of suspended animation.[58]

PRESIDENTIAL THEORY OF THE COMMANDER IN CHIEFSHIP IN WORLD WAR II

In his message of September 7, 1942 to Congress, in which he demanded
that Congress forthwith repeal certain provisions of the Emergency Price
Control Act of the previous January 30th,[59] the late President
Roosevelt formulated his conception of his powers as "Commander in Chief
in wartime" as follows:

"I ask the Congress to take this action by the first of October.
Inaction on your part by that date will leave me with an inescapable
responsibility to the people of this country to see to it that the war
effort is no longer imperiled by threat of economic chaos.

"In the event that the Congress should fail to act, and act adequately,
I shall accept the responsibility, and I will act.

"At the same time that farm prices are stabilized, wages can and will be
stabilized also. This I will do.

"The President has the powers, under the Constitution and under
Congressional acts, to take measures necessary to avert a disaster which
would interfere with the winning of the war.

"I have given the most thoughtful consideration to meeting this issue
without further reference to the Congress. I have determined, however,
on this vital matter to consult with the Congress. * * *

"The American people can be sure that I will use my powers with a full
sense of my responsibility to the Constitution and to my country. The
American people can also be sure that I shall not hesitate to use every
power vested in me to accomplish the defeat of our enemies in any part
of the world where our own safety demands such defeat.

"When the war is won, the powers under which I act automatically revert
to the people--to whom they belong."[60]

PRESIDENTIAL WAR AGENCIES

While congressional compliance with the President's demand rendered
unnecessary an effort on his part to amend the Price Control Act, there
were other matters as to which he repeatedly took action within the
normal field of congressional powers, not only during the war, but in
some instances prior to it. Thus in exercising both the powers which he
claimed as Commander in Chief and those which Congress conferred upon
him to meet the emergency, Mr. Roosevelt employed new emergency
agencies, created by himself and responsible directly to him, rather
than the established departments or existing independent regulatory