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Yeah. Makes sense to me. Seems we ought to nip this practice (to the extent that it is a practice) in the bud, before things start to get real messy. I'm not an expert on the specific details, and it does seem clear that the intent was to approve the signature, but there is the "shall be presented" clause. Could you argue that presenting over the phone is sufficient? Any thoughts?
On a side note, this does seem to be one of those issues tailor-made for Obama's critics to freak out over, and yet could've been so easily avoided, by simply waiting a few more days.
ADDED: Or maybe not.
Interesting piece; the
Interesting piece; the versions that I've seen have have cited a kind of "remote" pen rather than an "automatic" pen, if that makes sense. But either way, my response is the same. I just don't understand why this is in any way necessary; autopen of any kind is an old technology workaround to a problem that modern technology has abolished. The internet has, for all practical purposes, eliminated the time it takes to move documents; no matter where the President is, a bill can be anywhere on the planet in seconds. There can surely be no gainsaying that if a bill was passed at midnight DC time and a PDF of the enrolled bill emailed to the President (who is for sake of inconvenience visiting Indonesia) and printed, the President's signature on the printout would not constitute a valid act of signing the bill.
And if a bill was so long as to not be amenable to such a solution? Well, you don't have to go as far as Herman Cain to agree that that bill might warrant a veto.
So this is an old technology solution in search of a problem. It creates a number of problems in service of accomplishing absolutely nothing of value. No imaginable bill has ever or will ever be so important that it cannot wait the time it take to print out to be signed, and even if such a bill came into existence, it would still have to be printed before for the Autopen route was taken! So what is gained? Not much, I should think.
Yeah--I am at a loss as to why this was even remotely
necessary--seeing as not only could the bill have been printed out, but the bill would've become law by default anyway after ten days. I'm left scratching my head over this...
Well, he really couldn't wait
Well, he really couldn't wait a few more days since the law was set to expire in a matter of hours. There has to be some intelligent process to handle this in the rare situations that present themselves. This is a quirk of modern times versus when the Constitution was written. Fax, email and electronic signatures were not even considered. Truthfully, I think faxing, sign and refaxing would have been acceptable until the President could get back to sign the original. I actually did not like the use of the autopen but I guess the fax issue is considered less acceptable in some weird way.
Faxing the document would have been fine, IMO, as well as
e-mailing a PDF, and printing it out. As to the point about waiting a few days--wouldn't the fact that after ten days the bill is automatically considered passed, solve the expiration problem, or does the President have to sign it before the deadline? I remember the last time a debate in the Congress caused the PATRIOT Act to lapse--a lot of Congresscritters freaked out, but nothing major happened. My point is, it probably could've waited until he got back, although, faxing it would've been fine--we don't want to let it expire, after all.
Actually it was the Patriot
Actually it was the Patriot Act that was only hours from expiration. Once again, technically (which is where all this mess is residing), without a signature on the bill by midnight of the day it passed (only a couple of hours) the Patriot Act would have been out of effect until the president could have signed the bill or the ten days passed. That loophole could have made a huge mess in the legal system down the road. This problem was created by Congress, once again, waiting until the very last minute to do its job forcing the President into this unusual situation.
Yeah, exactly. Amazing how the Congresscritters who wrote
the letter seemed to leave that part out.