Artificial Intelligence in the United States
Artificial Intelligence in the United States
https://www.theadvocates.org/artificial-intelligence-in-the-united-states/
Publish Date: 2026-02-04 23:31:00
Source Domain: www.theadvocates.org
- President Donald Trump’s executive order on AI highlights a complicated question: What authority do states have over regulation?
- States traditionally have “police powers” to protect public health, safety, and welfare, but these authorities are bounded by the Constitution and may also overlap with federal powers.
- The AI Litigation Task Force created by Trump’s EO aims to challenge AI laws that hinder innovation and align with the Administration’s vision for a national AI policy framework.
- The task force will scrutinize whether state AI laws respect constitutional bounds; state laws must remain within geographical scope specific to the state and only target actual local issues without infringing unduly on individual freedoms.
- Some state AI laws, such as those regarding employment and hiring, and narrowly targeted speech laws, likely fall within legitimate police powers. However, others, like Illinois’ HB4875 and provisions in California’s SB53 and New York’s RAISE Act, might cross over into preempted or overly broad regulations.
- The task force will need to be selective about which laws to challenge, but this scrutiny will help clarify the limits of state regulatory authority regarding AI.
