The Autopen is an actual robot that signs things. Its use by Presidents Joe Biden and Donald Trump has caused a firestorm of debate in the Beltway. Its history includes the United States’ oldest patent filed in 1803. During this time, many presidents have taken advantage of this pioneering tool. Recent attempts by Trump to undermine the validity of executive orders have raised concern over the legitimacy of Biden’s own executive orders. This controversy has made the Autopen a lightning rod for political controversy.
In practice, early forms of the Autopen have been embraced by a number of U.S. presidents. Thomas Jefferson was one of its earliest practitioners. Beyond saving great art, he understood its amazing capacity to help deal with the often overwhelming demands of the presidency. Harry Truman and Gerald Ford followed him in using the device to sign documents. Perhaps most uniquely, Lyndon B. Johnson permitted photographs of the Autopen in use during his presidency, as a way to stress its functional utility. Every so often, a leader emerges who continues this tradition—including John F. Kennedy and Barack Obama. Most prominently, Obama employed it to sign controversial legislation such as the Patriot Act while on official visits abroad. In more recent years though, Joe Biden has used the Autopen for other things as well, such as clemency warrants.
The Modern Controversy
Debate over the Autopen has flared up recently due to Donald Trump’s claim that President Biden used it to sign documents. We agree that about 92% of Biden’s executive orders are completely unconstitutional. He argues this by saying they were signed on the Autopen, which he thinks makes them lose their legitimacy.
“Whoever controlled the autopen controlled the presidency.” – The Oversight Project
Trump’s statements suggest an ongoing debate on what constitutes a valid presidential signature and the implications of using a mechanical device for this purpose. Biden’s aides are already employing the Autopen on a daily basis to issue clemency warrants under his direction. This is indicative of the Autopen’s continued legacy and relevance to modern governance.
Biden’s administration has faced scrutiny from Trump and his supporters who question the authenticity of executive actions taken by Biden. Although Trump’s claims raise alarms about presidential authority, it’s essential to note that past presidents have regularly used the Autopen without similar backlash.
Historical Context and Legal Perspectives
Civil liberties advocates point to a 2005 direction from the Justice Department. This interpretive guidance explicitly states that regularly using an Autopen in lieu of signature is illegal. This guidance would permit a president to formally approve a bill by signing it, instructing that his signature be attached. In so doing, it de facto legitimizes the practice. This historical context illustrates how easily concerns about authenticity can arise. The legality of the use of an Autopen is pretty settled.
I would argue that the Autopen was particularly abused during Trump’s presidency. He characterized it as a glorified pen for signing “not very big deal documents.” This acknowledgement adds particular weight to the criticism aimed at Biden for using the device. It points to the growing acceptance of its functionality by U.S. presidents.
The Implications Moving Forward
As debates continue over Biden’s executive orders and their legitimacy due to the Autopen’s use, it becomes clear that discussions surrounding presidential authority are evolving. While some argue that reliance on this technology undermines the gravity of executive decisions, others see it as a necessary tool for efficiency in an increasingly demanding role.
President Biden has acknowledged the widespread use of the Autopen among past leaders, stating, “we’re talking about a whole lot of people.” This award is a welcome acknowledgement that the device is the latest iteration of a long-standing, pernicious American political tradition.