Source: Just Security

This article from Just Security offers a constitutional analysis of the U.S. AI Action Plan, focusing on the challenges posed by the principles of federalism. While the plan seeks to establish a cohesive national approach to AI governance, its implementation must contend with the independent regulatory authority of individual states. The author notes that several states, such as California, Illinois, and Colorado, are already developing or have enacted their own specific laws governing the use of AI, particularly in areas like employment and data privacy.

This creates the potential for a fragmented "patchwork" of regulations across the country, which could create significant compliance burdens for businesses and hinder innovation. The analysis delves into the legal question of federal preemption—whether and to what extent federal AI legislation could override these state laws. The piece argues that a successful national AI strategy will require careful navigation of these constitutional dynamics and close collaboration between federal and state governments to create a harmonized, rather than conflicting, regulatory environment.