President Joe Biden signs H.R. 6256, an act “to ensure that goods made with forced labor in the Xinjiang Uyghur Autonomous Region of the People’s Republic of China do not enter the United States market, and for other purposes”, Thursday, December 23, 2021, in the Oval Office of the White House. (Official White House Photo by Adam Schultz)
An autopen is a machine designed to reproduce a person’s signature with precision, allowing documents to be “signed” without the person physically present. While it might sound like a modern invention tailored for overwhelmed executives and government officials, the idea is far older and rooted in the habits of one of America’s founding fathers.
Thomas Jefferson, a prolific letter writer, used a device called the polygraph—not the lie detector but a mechanical duplicator—to create copies of his correspondence. The polygraph worked with linked pens to duplicate his handwriting in real-time. Jefferson considered it indispensable, calling it “the finest invention of the present age.” Though it wasn’t automatic in the way we understand today, it laid the philosophical and functional groundwork for what would eventually become the autopen.
The autopen as we know it began to take shape in the 20th century, but the first U.S. patent for an automatic signing device was granted in 1803. Over time, the technology matured from a novelty to a practical tool used at the highest levels of government. Today’s autopens are programmed to replicate signatures with remarkable consistency, and they’re used not just for form letters or photographs but occasionally for signing laws, pardons, and other critical documents—sparking debates about legitimacy, authority, and transparency.
Historical Use by U.S. Presidents
The adoption of the autopen by U.S. presidents has been a gradual process:
- Harry Truman: Often credited as the first president to use the autopen, Truman utilized it to manage the vast amount of correspondence during his administration.
- John F. Kennedy: Kennedy’s administration made substantial use of the autopen to the extent that authentic signatures from his presidency became rare collectibles.
- Gerald Ford: Ford’s administration publicly acknowledged the use of the autopen, bringing its existence into the public eye.
- George W. Bush: In 2005, Bush sought and received a favorable opinion from the Department of Justice regarding the constitutionality of using the autopen to sign bills into law; however, he did not ultimately utilize it for this purpose.
- Barack Obama: In 2011, while attending the G8 summit in France, Obama became the first president to use the autopen to sign legislation—the extension of the Patriot Act—into law.
Joe Biden’s Use of the Autopen
During his presidency, President Joe Biden frequently used the autopen to sign various official documents, including executive orders, letters, and even presidential pardons. On the surface, this isn’t unusual. Presidents since Harry Truman have used autopens to manage the enormous volume of paperwork that comes with the office. However, the scale and context of Biden’s use have drawn more attention than usual.
What sets Biden’s use apart is the frequency and the kinds of documents receiving the autopen treatment. Unlike previous presidents, who primarily relied on the device for ceremonial or routine correspondence, Biden’s autopen has been used for high-profile and legally significant actions—most notably, the signing of pardons.
This scrutiny has been amplified by ongoing debates about Biden’s age and cognitive health. For some, the increased reliance on the autopen has become a symbol of broader concerns about whether the president is directly involved in every executive action attributed to him. While there is no legal requirement for a president to physically sign most documents—communication of intent is what matters—the optics of the autopen’s frequent use have sparked public discussion about transparency, delegation, and decision-making in the executive branch.
Critics argue that the frequent reliance on the autopen might suggest a diminished capacity to engage directly with presidential duties, implying that aides or staff could be making decisions on his behalf.
Legal and Constitutional Perspectives
Legally, using an autopen by a sitting president is not only permissible, but it’s also firmly supported by precedent and legal opinion. In 2005, the Department of Justice’s Office of Legal Counsel issued a formal opinion stating that a president can lawfully use an autopen to sign legislation, as long as the president has directed the use of the device and intends for the signature to have legal effect. The key legal standard is not the physical act of signing but the communication of the president’s will.
This interpretation was tested in practice during Barack Obama’s presidency. As mentioned above, in 2011, while overseas at the G8 summit in France, Obama authorized the use of the autopen to sign a renewal of the Patriot Act. Although it stirred controversy then, the administration stood by the move, and the law remained in effect. No court challenged the constitutionality of the method, effectively affirming the validity of the Department of Justice’s position.
The same principle applies to presidential pardons. Contrary to popular belief, a pardon does not require a handwritten signature or ceremonial presentation. Legally, a pardon is effective once the president communicates the intent to grant it—whether by autopen, digital message, or verbal instruction. The U.S. Supreme Court has historically supported this interpretation, emphasizing substance over form in exercising constitutional powers.
In short, an autopen signature carries the same legal authority as one personally signed by the president, provided it accurately reflects the president’s decision. The machine is merely a tool; the source of power remains the presidency itself. While the optics of autopen use may invite debate—especially in a political climate charged with questions about presidential capacity—the law is clear: the autopen, when used under presidential direction, is entirely valid.
Conclusion
The autopen has been a tool for U.S. presidents for decades, serving as a means to manage the extensive documentation requiring the president’s signature. While Joe Biden’s administration’s use of the autopen aligns with historical practices, the frequency of its use has prompted discussions about presidential involvement and capacity. However, from a legal standpoint, the use of the autopen remains a valid method for executing official documents.
Sources
- “Autopen.” Wikipedia. https://en.wikipedia.org/wiki/Autopen
- “Fact-checking Trump’s claim that Biden pardons are ‘void’ because he used an autopen.” PBS NewsHour. https://www.pbs.org/newshour/politics/fact-checking-trumps-claim-that-biden-pardons-are-void-because-he-used-an-autopen
- “Can Trump Void Biden’s Presidential Pardons?” Time. https://time.com/7268902/trump-void-bidens-pardon-autopen/
- “Biden’s ‘autopen signature’ appears on most official docs, raising concerns over who controlled the WH: report.” Fox News. https://www.foxnews.com/politics/biden-autopen-signature-official-docs-raising-concerns-over-who-controlled-wh-report
