Reading Room Document

President's Authority To Appoint an Acting Chairman of the Civil Aeronautics Board

This document addresses the issue of the President's authority to appoint an Acting Chairman of the Civil Aeronautics Board (CAB). The conclusion reached is that the President is not precluded from designating a member of the Board as Acting Chairman, despite the existence of a Vice Chairman. The document raises questions about the interpretation of the statute, specifically whether the absence of the term "vacancy" in the statute means that the Vice Chairman should serve as Acting Chairman in the event of a vacancy in the office of Chairman. It also discusses the distinction between vacancy, absence, and incapacity in relation to statutes authorizing an officer to "act" for another.

May 24, 1977