Two Futures of AI Regulation under the Trump Administration
13 Pages Posted: 24 Apr 2025 Last revised: 31 Mar 2025
Date Written: March 31, 2025
Abstract
This article examines potential regulatory pathways for AI in the United States following the Trump administration's 2025 revocation of the Biden-era AI Executive Order. We outline two competing governance scenarios: decentralized state-level regulation (with minimal federal oversight) and centralized federal dominance (through legislative pre-emption). We critically evaluate each model's policy implications, constitutional challenges, and practical trade-offs, particularly regarding innovation and state autonomy. We argue that AI's technological characteristics and context-dependent nature complicate achieving regulatory coherence amid competing federal and state interests. As a result, even under the Trump administration's broader deregulatory agenda, targeted federal intervention may remain necessary.
Keywords: Artificial Intelligence, Federalism, Deregulation, Pre-emption, Trump Administration, AI regulation
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