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Once used it's a precedent. That it temporally decouples the act of approving from the actual signing allows for some weirdness.
I can imagine the following:
President is sick, near death. Important legislation is passed and he tells his subordinate to use the autopen to sign.
He dies a minute later.
Would the use of the autopen posthumously be acceptable? What if the subordinate didn't actually have the legislation signed--would that be a perversion of presidential authority? Or what if the president *didn't* authorize its use, but a subordinate used it anyway?
Or what if a president says he'll sign something after it's approved but he dies on the way to the WH to do the signing. The claim is that the signature is just a consequence of the mental and verbal permission. In this case, would the use of the autopen be permitted? What if he changes his mind after making the announcement--is his verbal approval irrevocable?
What if he announces that he'll sign and authorizes the use of the autopen. Before the subordinate can employ it, the president changes his mind--but since he's abroad, he can't reach the subordinate in the 5 minutes before he actually uses it. Permission was given; it was revoked; then the signature was affixed.
So much easier when there's a tenth of a second and 3 feet between assent and signing instead of an hour and 3000 miles.
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