Pen Games

More bad autopen news for Biden:

The United States Constitution vests numerous powers in one man and one man alone—the President of the United States. These powers include signing or vetoing bills, signing or vetoing orders, resolutions, or certain legislative votes, nominating and commissioning Officers, and granting reprieves and pardons. In all of these instances, the President’s personal action is required, i.e., he “shall” perform some action. These mandates are exclusive to the President. Therefore, it is well established that the President cannot delegate these decisions to anyone. The President affixing his wet signature not only signifies consent, but is the legally required act. .... The use of the autopen to affix the President’s signature has been justified by the modern Administrative State through tortured Constitutional interpretation, asking the wrong core questions, and deliberately ignoring contrary authority. Thus, the Department of Justice’s Office of Legal Counsel (“OLC”) in 2005 reversed their longstanding interpretation that had seen bills flown around the world for the President’s wet signature and has opined that the President may even autopen bills. This opinion is wrong. But even that erroneous opinion was clear that “[w]e 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.” Thus, the Biden Administration’s use of the autopen may well have been contrary even to the most permissive interpretation of the law.

The autopen isn't mightier than the law...