Some Questions About An Autodidactic Autopen
In the abstract, the use of an autopen is not problematic. But in practice, there may be serious problems. Consider a few scenarios.
First, imagine the President has a stroke, and is unable to move any parts of his body. He cannot even pick up a pen. But the President retains all of his mental faculties and can communicate instructions orally. The President instructs his trusted aide to use an autopen to sign a bill, pardon, or executive order. Would anyone think that use of an autopen is problematic? I suppose an argument could be made that the enfeebled President is unable to discharge his duties, and should be removed under the 25th Amendment, but I am doubtful that step is necessary.
Second, imagine that the President is about to take an international trip, and he knows that Congress is about to pass an important bill that must go into effect right away. The President instructs his trusted aide to use an autopen to sign the bill as soon as it arrives at the White House. Would anyone think that use of an autopen is problematic? There was once the thought that the President should not leave the country. And in some states, when the Governor leaves the state, the Lieutenant Governor can exercise the powers of the Governor. But under our Constitution, the President can, and indeed is
Article from Reason.com
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