Who Should Govern AI? Federalism and the Future of Artificial Intelligence Regulation
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Start Date
23-4-2026 12:00 AM
Description
Artificial intelligence (AI) is rapidly transforming society, raising urgent questions about how it should be governed within the United States’ federal system. As individual states begin to adopt their own AI-related policies while the federal government increasingly relies on executive orders and agency guidance, a key question emerges: who should regulate AI—state governments or the federal government? This project explores that question through a constitutional and policy-focused analysis. Drawing on principles of federalism, the Commerce Clause, and relevant Supreme Court precedent, this presentation evaluates the strengths and limitations of both state and federal approaches to AI regulation. It also examines the growing role of presidential power in shaping national AI policy, particularly in the absence of comprehensive federal legislation. By synthesizing legal frameworks and current policy developments, this project argues that while states can serve as important laboratories of innovation, a unified federal approach is ultimately necessary to effectively regulate a borderless and rapidly evolving technology like AI. This analysis contributes to broader discussions about governance, innovation, and the future of regulatory authority in the United States.
Recommended Citation
Berry, Kadence, "Who Should Govern AI? Federalism and the Future of Artificial Intelligence Regulation" (2026). 2026 Student Academic Showcase. 19.
https://digitalcommons.lindenwood.edu/src_2026/oral_presentation/1/19
Who Should Govern AI? Federalism and the Future of Artificial Intelligence Regulation
Artificial intelligence (AI) is rapidly transforming society, raising urgent questions about how it should be governed within the United States’ federal system. As individual states begin to adopt their own AI-related policies while the federal government increasingly relies on executive orders and agency guidance, a key question emerges: who should regulate AI—state governments or the federal government? This project explores that question through a constitutional and policy-focused analysis. Drawing on principles of federalism, the Commerce Clause, and relevant Supreme Court precedent, this presentation evaluates the strengths and limitations of both state and federal approaches to AI regulation. It also examines the growing role of presidential power in shaping national AI policy, particularly in the absence of comprehensive federal legislation. By synthesizing legal frameworks and current policy developments, this project argues that while states can serve as important laboratories of innovation, a unified federal approach is ultimately necessary to effectively regulate a borderless and rapidly evolving technology like AI. This analysis contributes to broader discussions about governance, innovation, and the future of regulatory authority in the United States.