Should American Presidents Use Autopens?

Yesterday President Trump announced that presidential pardons issued by former President Biden were invalid because they had been signed using an autopen. Critics immediately rejected the claim but others have pointed out that the US Constitution is silent on this subject.

While this particular issue will undoubtedly cause considerable debate going forward, perhaps, the bigger question is whether presidents should even be allowed to use an autopen. After all, an American President’s signature is incredibly powerful — life and death and everything else hang in the balance and one stroke of that pen can tip the scales.  As such, the signing requirement has always been a small but important ‘security feature’ to prevent big mistakes. It also acts as a basic test for determining both mental and physical capacity  because it allows the public to view the signatures and compare them over time. 

Historically, since its invention, Presidents only used the autopen to sign thank you cards and unofficial letters. By contrast all legal instruments were signed in person and when the President was away,  couriers would race across the world to deliver the critical documents to wherever he happened to be. It was not until 2011 when President Obama used an autopen to renew the FISA court program that this all changed. 

It remains to be seen whether the American public will demand a rule change to prevent the autopen from being used for important matters going forward but it is certainly on people’s minds now. 

What do you think? Let me know in the comments and check back soon for more briefs.