What Is Allowed for Autopen Use

Presidents have used autopens for decades to manage the sheer volume of documents requiring their signature, especially those that are routine or ceremonial in nature. The practice dates back to at least Thomas Jefferson, who used an early version called a polygraph, and became more formalized with modern autop machines in the 20th century. Examples of documents typically considered acceptable for autopen signatures include:

1. Correspondence and Ceremonial Documents: Autopens are often used for signing letters, greeting cards, thank-you notes, or photographs sent to constituents, dignitaries, or organizations. For instance, a president might use an autopen to sign thousands of holiday cards or congratulatory messages to Eagle Scouts.

2. Military Commissions and Certificates: Historically, autop signatures have been applied to commissions for military officers or certificates of appreciation, where the signature serves a symbolic rather than legally operative purpose.

3. Legislation (with Authorization): The use of an autopen for signing bills into law has precedent and has been deemed legally permissible when explicitly authorized by the president. The first notable instance occurred in 2011 when President Barack Obama, while in France, authorized an autopen to sign an extension of the Patriot Act. The Department of Justice’s Office of Legal Counsel (OLC) issued an opinion stating that this was constitutional under Article I, Section 7, as long as the president directed its use, effectively treating the autopen as an extension of his intent to sign.

   
   

These uses are generally accepted because they either don’t involve the direct exercise of constitutional authority requiring personal discretion or are explicitly delegated by the president with clear intent. 17GEN4.com