Political Hotsheet
By

Mark Knoller /

CBS News/ November 18, 2011, 3:03 PM

Obama uses autopen, again, to sign bill into law

Signed letter from President Obama

A view of President Obama's real signature, at left, and his signature via autopen, at right.

/ CBS

For the second time, President Obama has authorized the use of his autopen to sign a bill into law in his absence.

From Bali in Indonesia, where he's holding talks with Asian/Pacific leaders, Mr. Obama consented that his name be affixed by robotic device to an appropriations bill to fund a number of government departments and agencies through the end of the fiscal year.

The measure also provides stopgap funding for other parts of the government through December 16th. Funding for those departments and agencies of the government would otherwise run out at midnight tonight. Mr. Obama doesn't return to the U.S. until early Sunday morning.

In past administrations, the White House would occasionally fly bills passed by Congress to wherever in the world the president was so he could sign them by hand.

But with time running out before the funding deadline, Mr. Obama authorized the use of the autopen to sign the bill in his place.

It's the second time he has used the autopen for this purpose.

From Deauville, France on May 26th this year, where he was attending the G8 Summit, Mr. Obama first authorized the use of the autopen to sign a Patriot Act extension measure into law before parts of the existing law expired.

Article 1, Section 7 of The Constitution says that if a president approves a bill "he shall sign it." No provision is made for having a substitute signature affixed by a mechanical device - or a designated aide.

But the White House has defended the practice citing a 2005 opinion from the Justice Department's Office of Legal Counsel.

At the end of a 29-page review that includes obscure legal references and frequent citations to common lawn, the Counsel's office came to this conclusion:

"...the President need not personally perform the physical act of affixing his signature to a bill he approves and decides to sign in order for the bill to become law. Rather, the President may sign a bill within the meaning of Article I, Section 7 by directing a subordinate to affix the President's signature to such a bill, for example by autopen."

But the opinion has yet to be challenged in court.

Can you tell the autopen from Obama's real signature?
House Republicans to Obama: No more Autopen to sign bills into law
If a machine can sign for the President, could Sasha, too?

© 2011 CBS Interactive Inc. All Rights Reserved.
26 Comments Add a Comment
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johnsmith9875 says:
Because we all know a worthless meet and greet in Asia is far more important than an impending government shutdown...
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Facts_Matter says:
who cares...he signed the pad on the autopen that recorded his signature, and it prints his signature on the paper when he authorizes that to happen. why not? it saves time and tax-payer money.

as for all the GOP fools on this board who somehow think Obama is a Marxist, please go read up on the term.
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pjones0066 says:
I doubt Newt will complain about this issue. I know if he were to become POTUS auto-pen would significantly speed up the signing of alimony checks each month.
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reality_sanity says:
by America_is_Great November 19, 2011 2:11 PM EST
They are NOT used to sign Bills

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Talk to George W Bush and Alberto "I cannot recall" Gonzales -- they created the legal opinion that the autopen process was legal.
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pacrat1 says:
The autopen is used routinely by all congress persons as well as by the white house. Does anyone really think that these individuals sign the letters and laws personally? C'mon. If it's a big law then of course one would with appropriate media in attendance!

As a CEO I authorized certain individuals to sign my name to various documents, even though I never used an autopen myself. I just ensured that I knew when my name was being used.
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DanBurney says:
Would a True leader not have handled this issue before leaving on the trip? This again shows the difference between community organizing and being the United States President.
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jambo223 says:
Who cares!
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tsigili says:
Pretty soon, he won't even bother signing. he will simply issue a directive.......like any other dictator.
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reality_sanity replies:
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Actually as the article states BUSH approved autopen signatures in accepting the opinion noted above when Alberto Gonzales was AG. The autopen policy was created by REPUBLICAN DICTATORS. It was existing policy when President Obama took office.
reality_sanity replies:
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What he never did has noting to do with signing the executive order to permit it to happen with the blessing of the "I cannot recall" Attorney General Alberto Gonzales, Bush is solely and personally responsible for the existence of the option to autopen legislation.
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NUVU2U says:
So, How are things on Venus?
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FightTheRight says:
If only the President could use an autopen to write out the stupidity and hypocrisy represented by the extremist wingnuts of the republican party.

Oh wait...America will do that in 2012.
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