• Thomas Jefferson became the first president to use signature-copying technology in 1803
• Barack Obama first signed legislation via autopen while traveling in France in 2011
• Supreme Court has never ruled directly on autopen constitutionality

WASHINGTON, DC (TDR) — Presidents have relied on autopen technology for more than 200 years. The devices replicate signatures using actual ink and pens. From Thomas Jefferson to Joe Biden, commanders-in-chief have embraced the technology despite occasional controversy. The Supreme Court has never directly ruled on presidential autopen use.

Jefferson Started Presidential Autopen Use

Jefferson purchased a “polygraph” machine shortly after its 1803 patent. The device copied his handwriting in real time as he wrote. He kept one at the White House and another at Monticello. Jefferson called it “the finest invention of the present age.”

“The use of the polygraph has spoiled me for the old copying press, the copies of which are hardly ever legible. I could not, now therefore, live without the Polygraph.”

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Modern autopens evolved from this early technology. Robert De Shazo Jr. developed the first commercial version while working at a naval torpedo factory during World War II. The Secretary of the Navy placed the first order. Government use expanded rapidly from there.

Kennedy Made Autopen History

John F. Kennedy used the autopen so extensively that collectors struggle to find his authentic signatures. Author Charles Hamilton wrote an entire book about it called “The Robot That Helped to Make a President.” Kennedy’s reliance on the device during his 1960 campaign allegedly helped fuel his narrow victory over Richard Nixon.

Harry Truman reportedly used an early autopen for checks and mail. Dwight Eisenhower used one frequently. Gerald Ford became the first president to openly acknowledge autopen use. Lyndon Johnson allowed photos of the device to appear in The National Enquirer under the headline “The Robot That Sits in for the President.”

Obama First Used Autopen for Legislation

Barack Obama made history in May 2011. He became the first president to sign legislation via autopen. The Patriot Act extension needed his signature while he attended the G8 summit in France. Obama authorized a staffer to use the autopen at 5:45 a.m. French time.

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Obama used the device twice more. He signed appropriations bills from Indonesia in 2011 and the fiscal cliff deal from Hawaii in 2013. Republican critics questioned whether remote autopen use met constitutional requirements.

Constitutional Questions Remain Untested

The Department of Justice addressed autopen legality in 2005. The Office of Legal Counsel concluded presidents may direct subordinates to affix their signature via autopen. George W. Bush requested the opinion but never used the device for legislation himself.

“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.”

Some legal scholars disagree. Syracuse University law professor Terry Turnipseed argued the president must be physically present when any proxy signs on his behalf. He cited the English 1677 Statute of Frauds requiring principals and proxies to be together during signing.

The Supreme Court has never directly ruled on presidential autopen use. Lower courts have addressed related questions. The 4th Circuit Court of Appeals ruled in 2024 that pardons need not even be issued in writing. The Constitution grants broad clemency powers without specifying signature requirements.

No autopen-signed legislation or pardon has ever been successfully challenged in court. The technology remains controversial yet legally accepted.

Will the Supreme Court ever settle the autopen question—or will presidents continue signing from thousands of miles away?

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