Reading Room Document
Scope of Presidential Authority on Review of Civil Aeronautic Board's Approval of Airline Merger and Related Awarding of Airline Route
This document discusses the President's authority under the Federal Aviation Act to review the Civil Aeronautics Board's approval of a merger between Pan American World Airways and National Airlines, as well as the transfer of National's certificates. The document concludes that the President does not have the authority to order the Board to award the Miami-to-London route to Pan Am, and that the President's options for review are limited. The document also presents questions regarding the President's legal options in reviewing the Board's order and the potential foreign relations concerns related to the Miami-to-London route. It also discusses the limitations on the President's authority to disapprove Board actions based on foreign relations or national defense considerations.
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit