Constitutional Collision: Questions to Assess the 2026 National AI Framework
Building on Section 8 of the December 2025 Executive Order, [1] the Trump administration’s “National Policy Framework for Artificial Intelligence,” (the “Framework”) released on March 20, 2026, provides a formal legislative blueprint for advancing the administration’s goal of a uniform, national policy for AI across the United States. [2] While the Executive Order provided only the outline of a national legislative scheme, the current Framework provides greater specificity regarding the statutory goals of an AI bill. Yet an omnibus statute incorporating provisions meant to achieve all these goals will likely face a gauntlet of constitutional challenges. This article explores a series of questions to assess the viability of several of these goals. While this discussion addresses only a subset of the potential friction points, they are where the rubber hits the road for any legislation seeking to achieve the Framework’s goals. Question 1: Can Congress preempt AI “development” ...