Who’s Holding the Autopen? Pardons, Accountability, and the Unwritten Law

In this episode of Unwritten Law, Mark Chenoweth and John Vecchione dissect an overlooked constitutional controversy: presidential pardons signed by an autopen. Inspired by a recent op-ed from NCLA’s founder Philip Hamburger, they question what happens when bureaucrats—or interns—wield the power of the pen. Can the president legally delegate the pardon power? Did anyone actually authorize the latest batch of pardons? And what does the Constitution say about it?

Mark and John explore how the Biden administration’s vague processes, lack of transparency, and use of mechanical signature tools risk undermining the original meaning of Article II’s pardon clause. With real consequences for justice, separation of powers, and presidential accountability, this episode shows how even the quietest violations of written law can threaten the foundations of liberty.

Key topics: Presidential pardons, constitutional nondelegation, separation of powers, Biden administration, Article II, accountability, Philip Hamburger, and administrative state.