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Entries in Autopen (3)

Thursday
Jan032013

President Obama Signs Fiscal Cliff Bill Via Autopen

The White House(HONOLULU) -- President Obama has signed the “fiscal cliff” legislation into law via autopen from Hawaii, where he is vacationing with his family.

The bill to avert the fiscal cliff arrived at the White House late Wednesday afternoon and it was immediately processed, according to a senior White House official. A copy was delivered to the president in Hawaii for review. He then directed the bill to be signed by autopen back in Washington, D.C.

The Bush administration deemed in 2005 that the use of the autopen is constitutional, although President George W. Bush never used the mechanical device to replicate his signature on a bill.

The office of legal counsel found at the time that Article 1, Section 7 of the Constitution allows the president to use the autopen to sign legislation, stating “the President need not personally perform the physical act of affixing his signature to a bill to sign it.”

Obama has used the autopen twice in the past to sign legislation, both times while he was overseas.

The president, who arrived back in Hawaii early Wednesday morning to continue his family vacation, spent the afternoon golfing with friends at the Marine Corps base at Kaneohe Bay.

Obama is slated to remain in Hawaii through Saturday.

Copyright 2013 ABC News Radio

Friday
Jun172011

House Republicans Ask Obama To Re-Sign Patriot Act

Official White House Photo(WASHINGTON) -- A group of House Republicans are calling on President Obama to re-sign the Patriot Act extension, this time with his own hand, and to vow never again to use an autopen to sign bills into law. The machine holds a pen and replicates the president's actual signature mechanically. A letter from 21 lawmakers to the president Friday reignites the debate over the constitutionality of using the device to sign legislation.

"Mr. President, it is clear that assigning a surrogate the responsibility of signing bills passed by Congress is a debatable issue, and could be challenged in court.  That being the case, our request is that, out of an abundance of caution, you affix your signature to S. 990 by personally re-signing the enrolled bill," the letter reads. "Furthermore, we ask that you commit to ending the practice of using an autopen to sign bills passed by Congress."

Congress passed the four-year extension of the Patriot Act in May. The only problem was the president was in France, meeting with G8 leaders, and the bill's provisions were set to expire at midnight.  

The White House decided that the president would the autopen, which is supposed to be used only with proper authorization from the president.

Article 1, section 7 of the United States Constitution states: "Every Bill which shall have passed the House of Representatives and the Senate, shall, before it becomes a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it..."

At the time, White House spokesman Nick Shapiro seemed to suggest this was a special circumstance. "Failure to sign this legislation posed a significant risk to U.S. national security," Shapiro said. "The President directed the use of the autopen to sign it."

In the past, the Obama administration has used an abundance of caution. The president re-took the Oath of Office on January 21, 2009 over concerns for adhering to the Constitution after a flub during his original oath at the inauguration.

The authors of the letter referenced the re-do, tell the president they "believe your signing legislation passed by the United States Congress is of equal importance."

Copyright 2011 ABC News Radio

Friday
May272011

Autopen Controversy: Should Presidents Use It to Sign Bills?

Photos.com/Thinkstock(WASHINGTON) -- With the Patriot Act set to expire Thursday night, President Obama signed legislation extending it -- from France. How did he do that? Using an autopen, of course.

Article 1, section 7 of the United States Constitution states: "Every Bill which shall have passed the House of Representatives and the Senate, shall, before it becomes a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it..."

It needs to be "presented" to him, and if he approves it "he shall sign it."

"Failure to sign this legislation posed a significant risk to U.S. national security," White House spokesman Nick Shapiro said. "The president directed the use of the autopen to sign it."

Rep. Tom Graves, R-Ga., wrote to the president Friday questioning whether an autopen is good enough. To reporters, Graves said the autopen move set a "dangerous precedent." What if the president is hospitalized and not fully alert, he asked. "Can a group of aggressive Cabinet members interpret a wink or a squeeze of the hand as approval of an autopen signing?"

The Senate's top Republican Mitch McConnell of Kentucky was asked at a press conference if he thought that the use of the autopen would pass legal muster.

"I think that's a better question addressed to them," McConnell said. "They did the research and their lawyers apparently advised them that this was permissible. I haven't looked at the legality of it and therefore don’t have an opinion to express on it."

In 2005, President George W. Bush was told by his Office of Legal Counsel in the Department of Justice that he could use an autopen given "the legal understanding of the word 'sign' at the time the Constitution was drafted and ratified and during the early years of the Republic. We find that, pursuant to this understanding, a person may sign a document by directing that his signature be affixed to it by another."

This, the OLC found, was supported by opinions of the Attorney General and the Department of Justice "addressing statutory signing requirements in a variety of contexts. Reading the constitutional text in light of this established legal understanding, we conclude that the President need not personally perform the physical act of affixing his signature to a bill to sign it within the meaning of Article I, Section 7...We emphasize that we are not suggesting that the President may delegate the decision to approve and sign a bill, only that, having made this decision, he may direct a subordinate to affix the President's signature to the bill."

Former Bush White House press secretary Ari Fleischer says President Bush's White House did solicit the opinion of the Office of Legal Counsel in 2005 about the use of the autopen to sign legislation but he never used it.

"When necessary, the actual bills were flown to him accompanied by someone from the staff secretary's office for his live signature," Fleischer recalls. "Thought was given to using the autopen on a 'minor' piece of legislation to establish a precedent in case there was ever a legal challenge.  However, it was never done."

Fleischer says, "I think the Obama Administration is on solid ground, but they are taking somewhat of a risk that the autopen will be challenged in court. Using it for the first time on major legislation carries some risk." He adds that he "love(s) the irony of the Obama White House now following Bush's OLC opinions, but that's a different matter."

In 2004, then-Secretary of Defense Donald Rumsfeld was criticized for using an autopen to sign condolence letters to the families of fallen troops.

Copyright 2011 ABC News Radio







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