The White House is preparing to issue an executive order as soon as Friday that enlists the power of the federal government to block states from regulating artificial intelligence, according to four people familiar with the matter and a leaked draft of the order obtained by POLITICO.
The draft document, confirmed as authentic by three people familiar with the matter, would launch several efforts to challenge state AI laws — including an “AI Litigation Task Force” run by the Department of Justice.
It’s also illegal. It’s a violation of the 10th amendment. Powers not delegated to the federal government and not prohibited to the states are reserved for the states or the people. States have every right to make laws restricting the use of AI within their own borders.
(I am neither a lawyer nor a constitutional scholar.)
But the proposed EO has no power to do anything so it doesn’t really break the 10th.
(also neither a lawyer nor a constitutional scholar so this is only based on my very basic understanding. Fully prepared to hang my head in shame if someone more informed explains how I’m wrong)
If he enlists his agencies to, through legal actions, office raids, and city occupation to enforce his “powerless” EO, presumably the 10th starts being meaningful.