The Constitution’s Presentation Clause (Article I, Section 7) requires the president to personally sign legislation to ensure deliberate approval. While a 2005 DOJ memo permits autopen use for bills, it presupposes clear presidential intent—something Biden’s health likely undermined. If aides used the autopen without his full awareness, as Tapper’s account implies, numerous actions—including pardons for Hunter Biden, Anthony Fauci, and January 6 committee members—could be unconstitutional and subject to invalidation. Such practices erode democratic accountability and public trust.
Congress must investigate this matter thoroughly. House Oversight Chairman James Comer’s subpoenas of former Biden aides signal initial steps, but a broader inquiry is needed to assess the extent of autopen use. Many bills, executive orders, and pardons may be legally vulnerable, necessitating judicial review. Those who facilitated or ignored this practice should face accountability for undermining constitutional governance. The autopen controversy represents a significant national security risk, as unelected individuals may have exercised undue influence. Congress has a duty to address this issue, restore integrity, and prevent future lapses.
