Ensuring a National Policy Framework for Artificial Intelligence
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The White House has issued an executive order aiming to establish a unified national policy framework for Artificial Intelligence, sparking a lively debate about federal versus state regulation. Commenters are weighing in on the implications, with some arguing that this move undermines "states' rights" and the concept of "laboratories of democracy," while others see it as a necessary step to regulate interstate commerce. The discussion is drawing parallels to landmark Supreme Court cases like Wickard v. Filburn, which expanded federal power, and highlighting the potential long-term consequences of such a shift in regulatory power. As the conversation unfolds, it's clear that the tension between federal oversight and state autonomy is a pressing issue that resonates with many.
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Sacks argued that this domain of “interstate commerce” was “the type of economic activity that the Framers of the Constitution intended to reserve for the federal government to regulate.”
At the Oval Office signing ceremony, Sacks said, "We have 50 states running in 50 different directions. It just doesn't make sense."
I'd like to point out that the South was only a fan of States Rights exactly insofar as they let them do slavery. The millisecond it came to forcing Northern states to return escaped slaves, they suddenly weren't the same principled supporters of devolving and federating power. Funny how that works.
So in that respect, mission accomplished.
https://en.wikipedia.org/wiki/Wickard_v._Filburn
The "The U.S. government had established limits on wheat production, based on the acreage owned by a farmer, to stabilize wheat prices and supplies." seems like quite the federal overreach never mind the court decision.
They did indeed. It’s explicitly delegated to congress which declined to pass a law like this.
The EO is just obviously null and void in the face of any relevant state law.
The Legislative branch (Congress) not the Executive branch (White House) can preempt states.
> The order directs Attorney General Pam Bondi to create an “AI Litigation Task Force” within 30 days whose "sole responsibility shall be to challenge State AI laws" that clash with the Trump administration's vision for light-touch regulation.
The EO isn't about Federal Preemption. Trump's not creating a law to preempt states. So a question about how Federal Preemption is relevant is on point.
"We in the executive branch have an agreement with the Supreme Court allowing us to bypass congress and enact edicts. We will do this by sending the Justice Department any state law that gets in the way of our donors, sending the layup to our Republican Supreme Court, who will dunk on the States for us and nullify their law."
We don't have to go through the motions of pretending we still live in a constitutional republic, it's okay to talk frankly about reality as it exists.
The EO mentions congress passing new law a few times in addition to an executive task force to look into challenging state laws based on constitutional violations or federal statues. That's the only way they'd get in front of a judge.
If the plan is for the executive to invent new laws it's not mapped out in this EO
1. No federal preemption currently. (No federal law, therefore no regulation on the matter that should preempt.)
2. State passes and enforces law regarding AI.
3. Trump directs Bondi to challenge the state law on nonsense grounds.
4. In the lawsuit, the state points out that there is no federal preemption; oh yeah, 10th Amendment; and that the administration's argument is nonsense.
5. The judge, say Eileen Cannon, invalidates the state law.
6. Circuit Court reverses.
7. Administration seeks and immediately gets a grant of certiorari — and the preemption matter is in the Supreme Court.
> passing new law … only way they'd get it in front of a judge.
The EO directs Bondi to investigate whether, and argue that, existing executive regulations preempt state legislation.
>2.5 If it's a blue state, maybe the National Guard and ICE suddenly show up in force for the people's own protection.
>3. States choose entirely of their own volition to comply in advance.
That's probably how this is really going to go.
Sounds like leaving it up to Congress! But then the administration vows to thwart state laws despite the vacuum of no extant preemption, so effectively imposing a type of supposed Executive preemption:
> Until such a national standard exists, however, it is imperative that my Administration takes action to check the most onerous and excessive laws emerging from the States that threaten to stymie innovation.
So preemption link is relevant, I think; and at any rate, helpful to give background to those not familiar with the concept, which constitutes the field against which this is happening.
Their goal is to make money and enrich their own lives at the expense of everyone else.
Stephen Miller is just super weird though. Don’t bother trying to figure that guy out.
There's a reasonable argument that nationwide regulation is the more efficient and proper path here but I think it's pretty obvious that the intent is to make toothless "regulation" simply to trigger preemption. You don't have to do much wondering to figure out the level of regulation that David Sacks is looking for.
It sounds good to establish a national standard! The right way to do that is to pass a law through both houses of Congress, then the president can sign it. Maybe they even specify a framework and tell the executive branch to dial in the specific details. The god-king proclaiming a brand new framework to be so is.. not the normal way of things…
> Sec. 7. *Preemption of State Laws* Mandating Deceptive Conduct in AI Models.
So where is this coalition that’s organized to actually make this real?
Software engineers are allergic to unionization (despite the recent id win) and 100% of capital owners (this is NOT business owner and operators I’m talking about LPs and Fund Managers) are in support of labor automation as a priority, so who will fund and lead your advocacy?
This is just flat out bribery, using the thinnest of legal fig leaves. Which would not possibly pass muster if he hadn't also packed the court with supporters.
"kept", I think.
This is naive, productivity increases had decoupled from compensation a long time ago. See https://www.epi.org/productivity-pay-gap/ for example. AI certainly can create wealth, and in fact already did (hey NVDA), but somehow that did not trickle down. I think more likely than not, AI will further our society.
Even though everyone didn't get rich from the industrial revolution, ultimately people led easier lives, more stuff, and less work.
Instead, they hoped the food stores would last and the kids wouldn't die so they could help work the land next year.
The typical American is insanely wealthy by global standards.
It is easy for me to take this perspective too because I never had much student debt or children.
The median though is getting crushed if they went to college and are paying for daycare.
If you are getting crushed for going to school and having children that is a pretty clear breakdown of the social contract.
The consequences are obvious. People are going to vote in socialist policies and the whole engine is going to get thrown in reverse.
The "let them eat cake" strategy is never the smart strategy.
It is not obvious at all our system is even compatible with the internet. If the starting conditions are 1999, it would seem like the system is imploding. It is easy to pretend like everything is working out economically when we borrowed 30 trillion dollars during that time from the future.
https://worldpopulationreview.com/country-rankings/cost-of-l...
Why does cost of living matter?
Savings rate and/or net worth are what people care about.
America wins that, too.
https://www.ft.com/content/653bbb26-8a22-4db3-b43d-c34a0b774...
OK, now tell me how the savings and net worth look like for your average American. I'll give you a bit of a spoiler: it's not good.
The millions of people who use NVDA’s products do not get value from it? Isn’t it making their lives richer?
And the richness of life it's another philosophical discussion altogether...
Although if we're talking the optimum way of organising society, y'know, re-linking wages and productivity is a probably a good path. This scheme of not rewarding productive people has seen the US make a transition from growth hub of the world to being out-competed by nominal Communists. They aren't exactly distinguishing themselves with that strategy.
https://www.brookings.edu/articles/sources-of-real-wage-stag...
The EPI is also not a credible source, given who funds it.
Exactly zero of the AI bros who believe they're going to push us into a workless utopia have even began to tell us about how we're all supposed to survive without work or being born obscenely rich.
You may not be aware, but today in 2025 the overwhelming majority of Americans rely on work for survival. They trade time for money, and use that to pay for things like housing or health care or food. How does one acquire these things if they cannot trade their time anymore, in a society that fully believes that even giving a child $1 for lunch money the moral equivalent to the worst atrocities and horrors of Soviet and Chinese socialism?
Which planet is going to sustain that? More productivity doesn't add any resources to sustain your lifecycle.
I know it's a hip thing to say these days but it isn't accurate. I know everyone wants to one-up everything but they are just rich. Oligarchs are generally government officials who are given money and power by government.
"A business oligarch is generally a business magnate who controls sufficient resources to influence national politics."
https://en.wikipedia.org/wiki/Business_oligarch
Where did you get the idea that banning new technology that could eliminate jobs is even remotely an American value?
Going back to the Industrial Revolution the United States has been 100% gas pedal all the time on innovation and disruption which has in turn created millions of jobs that didn't exist before and led to us running the world's largest economy.
To me the stronger argument about AI is that this revolution won't. And that's because this one is not really about productivity or even about capital investment in things that people nominally would want (faster transport, cheaper cotton, home computers). This one is about ending revolution once and for all; it's not about increeasing the wealth of the wealthy, it's about being the first to arrive at AGI and thus cementing that wealth disparity for all perpetuity. It's the endgame.
I don't know if that's true, but that's to me the argument as to why this one is exceptional and why the capitalist argument for American prosperity is inapplicable in this case.
Just because it can self improve doesn't mean it improves better than everything else or without substantial costs to develop improvement.
Have you ever been to a country where there was extreme poverty?
When people talk about China eliminating extreme poverty, that has a specific international definition. From Wikipedia:
Extreme poverty is the most severe type of poverty, defined by the United Nations (UN) as "a condition characterized by severe deprivation of basic human needs, including food, safe drinking water, sanitation facilities, health, shelter, education and information. It depends not only on income but also on access to services". Historically, other definitions have been proposed within the United Nations.
Extreme poverty mainly refers to an income below the international poverty line of $1.90 per day in 2018 ($2.66 in 2024 dollars), set by the World Bank.
[0]The average homeless person in America spends several times that amount on drugs, and all of the above services are available to them. Homelessness in America is a societal failure, but it does not meet the definition of extreme poverty.
[0] https://en.wikipedia.org/wiki/Extreme_poverty
Here's a UNICEF report comparing childcare policy amongst rich countries: https://www.unicef.org/innocenti/reports/where-do-rich-count...
Sweden ranks third in the comparison metric (what good is free childcare if it is very bad or inaccessible?), and the us ranks 40th out of 41.
https://m.youtube.com/watch?v=hVimVzgtD6w&pp=ygUMSGFucyByb3N...
Immigration to the USA, both illegal and legal, has cratered.
Copyright law is another counter-example to your argument. But somehow? that’s no longer a concern if you have enough money
There are things you can do with technology that are banned as a result of copyright protections, but the underlying technologies are not banned, only the particular use of them is.
https://en.wikipedia.org/wiki/Copyright_law_of_the_United_St...
https://en.wikipedia.org/wiki/Copyright_Clause
Many of those regulations at the federal level, yes?
If this had any whiff of actually shedding light on these needed regulations the root OP wouldn't have said what they did. But for now I'm going to head over to Polymarket and see if there are any bets I can place on Trumps kids being appointed to the OpenAI board.
In addition to ones at state level, yes.
They ALL happened AFTER people got hurt. That's how we do things here. We always have.
It's kind of messed up, but the alternative is a bunch of rules on things that wouldn't be a real problem.
I mean the radium fad just by itself was pretty crazy, people used radium suppositories and radium makeup.
AI is already hurting people. We need regulation to hold it and its benefactors accountable. The federal government is preempting states from doing so.
https://www.bbc.com/news/articles/cgerwp7rdlvo
https://apnews.com/article/chatbot-ai-lawsuit-suicide-teen-a...
https://www.msn.com/en-us/news/us/a-teen-confided-in-an-ai-c...
https://www.pcmag.com/news/openai-sued-by-7-families-for-all...
https://www.firstpost.com/explainers/chatgpt-murder-suicide-...
https://www.nbcnews.com/business/business-news/tens-thousand...
https://www.cnn.com/2025/10/17/tech/electricity-bill-price-i...
It was popularized that an estimated 8,000 infant deaths attributed to swill milk occured every year in NYC in the 1850s (take with a grain of salt).
Even more recently much of the banking regulation only occured after severe market issues that broadly impacted the economy.
On a related note: "Layoffs" are going to be a hard practical harm point to rally around. Unless we fundamentally change the nature of our economy (Which doesn't tend to happen until the previous system collapses.), effeciency is king. Tha market isn't rational, but effeciency is a competitive advantage that compounds over time. So you have a prisoners dilemma here. If you want to restrict a technology that boosts efficiency, you either have to close your market and then put up rules that constrain efficiency or you bleed your prosperity.
Where did you get the idea that this was the cause that created millions of jobs and lead to the US running the world's largest economy, and not say - the knock-on effects of the US joining WW2 relatively late and unscathed, making it the only major world power left with a functioning enough industrial complex to export to war-ravaged Europe?
Arguably true, but it's also been way ahead of the pack (people tend to forget this) on protection for organized labor, social safety net entitlements, and regulation of harmful industrial safety and environmental externalities.
This statement is awfully one-sided.
Until that "innovation and disruption" threatens any established player, at which point they run crying to the government to grease some palms. China is innovating and disrupting the entire energy sector via renewables and battery storage while the US is cowering in the corner trying to flaccidly resuscitate the corpse of the coal industry.
Can you point to a concrete example of this?
$200M - https://sam.gov/workspace/contract/opp/1527a7adaff14a5280fc7...
$140M - https://sam.gov/workspace/contract/opp/c0203e75ec2949e78966f...
$31M - https://sam.gov/workspace/contract/opp/8b0b944955064864942fc...
$1M - https://sam.gov/workspace/contract/opp/86d997fbd8a74d0cb298c...
$642M over 10 years - https://sam.gov/workspace/contract/opp/c9878b113f5143cba7edb...
$3.1M - https://sam.gov/opp/f15d4b63ebc846cd9f4870cfa0772fff/view
$160M - https://www.anduril.com/news/anduril-awarded-contract-to-red...
$86M - https://www.anduril.com/news/special-operations-command-sele...
$100M - https://www.anduril.com/news/anduril-awarded-usd99-6m-for-u-...
The Marine Corps I-CsUAS award is explicitly described as an IDIQ with a maximum dollar value of $642M over 10 years -- though it could be much less -- and reporting indicates it was competitively procured with 10 offerors. It wasn't "gifted"/"no-bid"
Also: $642M spread over 10 years is roughly $64M/year at the ceiling, and ceilings are often not fully used. That scale is not remotely unusual for a program-of-record counter-UAS capability if the government believes the threat is persistent. (Which it does.)
The rest are similarly mundane and justifiable.
Here's what would be weird: Repeated sole-source awards where a competitive approach is feasible, implausible technical scope relative to deliverables, unjustified pricing, or political intervention affecting downselects. I don't see any of that here. (But, okay, let's not talk about Palantir, lol.)
Imagine Silicon Valley CEOs pumped full of VC dollars and embedded with units that Don't Exist in places We Were Never At.
from what I've been observing in the past three years, the Venn diagram of pro-immigration folx and anti-AI folx is pretty much a single circle.
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