Reading Room Document

Whether the President is empowered to make recess appointments of the directors of the corporation, even though the corporation is not an agency or establishment of the United States Government, 47 U.S.C. § 396(b), and its directors are not, by reason of

The document is a memorandum discussing the President's authority to make recess appointments of the directors of the Corporation for Public Broadcasting, despite the corporation not being an agency or establishment of the US government. The conclusion reached is that the President does have the authority to make recess appointments of the directors, based on the constitutional technique provided by Article II, § 2, cl. 2. The document also references a similar approach used in making recess appointments of the incorporators of the Communications Satellite Corporation, which was not questioned by the Attorney General or any member of Congress. The document presents the question of whether the President has the authority to make recess appointments of directors of a non-governmental corporation, and concludes that he does.

January 16, 1981