se specifically leave it to the President to
determine the question of emergency, and the White House assumption
seems to be that they all do so. Many of the provisions thus activated
delegate powers of greater or less importance to the President himself
or remove statutory restrictions thereon.[78]

PUNISHMENT OF VIOLATIONS

If Congress so provides, violations of valid administrative regulations
may be punished as crimes.[79] But the penalties must be provided in the
statute itself; additional punishment cannot be imposed by
administrative action.[80] In an early case, the Court held that a
section prescribing penalties for any violation of a statute did not
warrant a prosecution for wilful disobedience of regulations authorized
by, and lawfully issued pursuant to, the act.[81] Without disavowing
this general proposition, the Court, in 1944, upheld a suspension order
issued by the OPA whereby a dealer in fuel oil who had violated
rationing regulations was forbidden to receive or deal on that
commodity.[82] Although such an order was not explicitly authorized by
statute, it was sustained as being a reasonable measure for effecting a
fair allocation of fuel oil, rather than as a means of punishment for an
offender. In another OPA case, the Court ruled that in a criminal
prosecution, a price regulation was subject to the same rule of strict
construction as a statute, and that omissions from, or indefiniteness
in, such a regulation, could not be cured by the Administrator's
interpretation thereof.[83]

Congressional Investigations

INVESTIGATIONS IN AID OF LEGISLATION

No provision of the Constitution expressly authorized either house of
Congress to make investigations and exact testimony to the end that it
may exercise its legislative function effectively and advisedly. But
such a power had been frequently exercised by the British Parliament and
by the Assemblies of the American Colonies prior to the adoption of the
Constitution.[84] It was asserted by the House of Representatives as
early as 1792 when it appointed a committee to investigate the disaster
to General St. Clair and his army in the Northwest and empowered it to
"call for such persons, papers, and records, as may be necessary to
assist their inquiries."[85]

CONDUCT OF EXECUTIVE DEPARTMENT

For many years the investigating function of Congress was limited to
inquiries into the administration of the Executive Department or of
instrumentalities