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Patriot Act Extension By Autopen Raises Questions for Congressman

Okian Warrior writes "Congress passed the [Patriot act extension] bill Thursday night, shortly before certain provisions of the Patriot Act were set to expire. However, Mr. Obama could not sign the bill right away in person, since he was in Europe for the G8 Summit. In order to sign the bill before the measures expired, he authorized the use of the autopen machine, which holds a pen and signs his actual signature. Republican Rep. Tom Graves of Georgia sent President Obama a letter today questioning the constitutionality."

18 of 247 comments (clear)

  1. I for one... by DWMorse · · Score: 3, Funny

    I for one welcome our new law-signing robotic overlords.

    ... I'm... I'm sorry.

    --
    There's a spot in User Info for World of Warcraft account names? Really?
  2. Questioning the constitutionality... by ChrisMounce · · Score: 5, Insightful

    I'd like to question the constitutionality of a lot more than just how it was signed.

    1. Re:Questioning the constitutionality... by iceperson · · Score: 5, Informative
  3. The comments are full of hilarity by OverlordQ · · Score: 3, Insightful

    More nitpicking and stupidity from the GOP that's all it is.

    What, you whiny republicans would rather he hadn't signed it at all, and let the act expire?

    YES

    --
    Your hair look like poop, Bob! - Wanker.
    1. Re:The comments are full of hilarity by artor3 · · Score: 5, Informative

      House Dems votes against by more than a 2-1 margin. If Republicans didn't control the House, the Patriot Act would have expired this morning.

      Source: http://politics.nytimes.com/congress/votes/112/house/1/376

    2. Re:The comments are full of hilarity by shutdown+-p+now · · Score: 4, Insightful

      Why such a discrepancy between House and Senate for Dems? Most Dem Senators voted yea...

      Anyway, you can't assume that Dems in the House would have still voted the same way if they were the majority. US politics being what it is, minority parties tend to vote against things out of spite, but flip flop on the issue as soon as they're running things and could use some extra levers.

  4. Re:a better solution by Jhon · · Score: 3, Funny

    I can't remember the name of the device but they used to be used in libraries and such to transmits little written notes from the reference desk to the stacks so the staff could retrieve books.

    The device is called an "undergrad".

  5. Re:So what by MaskedSlacker · · Score: 4, Informative

    Because you can't extend a law which has expired. The provisions would have expired at midnight this morning, before the bill could have become law by default. This would have (arguably) rendered the extension null and void.

  6. Re:What? by Mindcontrolled · · Score: 5, Informative

    Hm... very interesting. He actually seems to have voted against it. "Graves said he believes the act gave too much power to the government, a problem cited by many of the people who helped elect him." Source here

    --
    Ubi solitudinem faciunt, pacem appellant.
  7. Re:What? by MightyMartian · · Score: 3, Informative

    Unless the constitution outright states that the President must sign with pen-and-ink in person, I think there's enough precedent for many levels of government, foreign governments and extranational institutions accepting autopen signatures to render the constitutionality of the question moot.

    This is what Article I Section 2 says:

    2: Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

    All it says is that the President has to sign the bill for it to become law (except where Congress gets the 2/3s to override a Presidential veto). Since autopens have for a long time been seen as legitimate signatures, I doubt very much that there is any question as to the constitutionality of this particular signature.

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
  8. Re:What a microcosm of what's wrong with us by iceperson · · Score: 4, Insightful

    Hmm, interesting that you call one of the few who stood up and voted against the law a "partisan hack". It would seem you can't see past the D or R next to a person's name. There's a name for that I think. It's right on the tip of my tongue...

  9. President Obama by Bios_Hakr · · Score: 3, Insightful

    Look, I'm not into the whole "political" thing.

    But it isn't "Mr." Obama; it's Mr. President or President Obama.

    You could also use The President or POTUS.

    Saying "Mr." Obama isn't just disrespecting him, it's disrespecting The Office of the President. It's tacky.

    --
    I'd rather you do it wrong, than for me to have to do it at all.
    1. Re:President Obama by Jafafa+Hots · · Score: 4, Insightful

      Gosh, I thought the thing was that the president works FOR US.

      We've had more than enough of putting more power and gravitas than was intended into the role of the presidency, doncha think?

      The whole point was to not have kings.

      --
      This space available.
  10. Bravo Rand Paul. by flydpnkrtn · · Score: 5, Interesting

    "Congress bumped up against the deadline mainly because of the stubborn resistance from a single senator, Republican freshman Rand Paul of Kentucky, who saw the terrorist-hunting powers as an abuse of privacy rights. Paul held up the final vote for several days while he demanded a chance to change the bill to diminish the government's ability to monitor individual actions. The bill passed the Senate 72-23."

    - from http://www.cbsnews.com/stories/2011/05/26/politics/main20066686.shtml

  11. Re:What? by artor3 · · Score: 3, Informative

    He's one of only 31 Republicans to have voted against it. And since this is his first term in federal government, he has never voted on it in the past. So I guess he deserves credit for the vote. Of course, he also voted to end Medicare, prevent the FCC from enforcing Net Neutrality, shut down Planned Parenthood, and keep troops in Afghanistan for longer.

    So fuck him.

  12. Re:Does anyone read the constitution? by RoFLKOPTr · · Score: 3, Informative

    So worst case here, the PATRIOT Act renewal didn't take effect but will soon.

    A bill that extends a law doesn't copy the law into a new law, it merely amends the expiration date that is written in the existing law. You can't amend a law that has expired, and a bill that is implicitly signed due to sitting for 10 days is not retroactive to when it was forwarded to the President, so it would have effectively become useless had it not been signed last night.

  13. Re:What? by ATMAvatar · · Score: 4, Funny

    Of course not. However, this "Made in China" engraving makes me seriously question that the Autopen is a natural born citizen.

    --
    "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
  14. We've got to pass this bill by TheABomb · · Score: 3, Funny

    ... so the president can find out what's in it!

    "They let me sign checks with a rubber stamp!" -H. Simpson.

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    MSIE: The world's most standards-complaint web browser.