Georgia Rep. Questions Validity Of 'AutoPen'

POLITICO reports:

A conservative Georgia congressman is questioning whether President Barack Obama had the constitutional authority to use a mechanical autopen to sign an extension of the Patriot Act into law last night. 

In a letter sent Friday, Rep. Tom Graves, who voted against the bill, asked Obama to confirm that the bill was “presented to you prior to the autopen signing” and to provide “a detailed, written explanation of your constitutional authority to assign a surrogate the responsibility of signing bills passed by Congress into law.” 

Obama made the decision to have his signature affixed by autopen because he is traveling in Europe and there were only a few hours to spare before the expiration of the three provisions of the Patriot Act addressed in the bill. 

The Bush administration’s Office of Legal Counsel in 2005 concluded an autopen can be used without running afoul of the constitutional mandate that the president sign laws.