Picture a scenario where local leaders—those elected to reflect your values and defend your freedoms—are forbidden by federal law from regulating the most powerful technology mankind has ever unleashed. That’s not some dystopian future dreamed up by sci-fi writers. It’s the reality lawmakers in Washington are considering right now.
Buried within the House version of congressional Republicans’ “Big, Beautiful Bill” is a provision that would impose a ten-year freeze on any state attempting to regulate artificial intelligence (AI).
The Senate’s early draft went even further, threatening to cut off federal funding from states that dared to craft their own AI rules. Thankfully, the final Senate bill passed on July 1 without any such restrictions, meaning that House and Senate Republicans must now find common ground—or risk derailing the entire bill.
President Trump’s administration has thrown its support behind limiting state-level AI oversight. Still, given how challenging it’s been to get this legislation through Congress, it seems likely the president would approve it regardless of how this issue gets resolved.
While proponents of a national AI policy make some compelling points, forbidding state governments from acting would be a monumental mistake. Doing so would consolidate power in the hands of federal bureaucrats and violate the very framework that has safeguarded American liberty since the Founding.
The Constitution Demands Decentralization
The federal government was never meant to dominate every sphere of public life. The Tenth Amendment is crystal clear: any powers not explicitly granted to Washington are reserved for the states or the people. Nowhere does the Constitution authorize federal lawmakers to ban states from regulating new technologies within their own borders—including AI.
Federalism isn’t a nostalgic relic; it’s a core feature of our republic. It allows states to be policy laboratories, tailoring solutions to fit the specific needs of their citizens. That’s why Texas can embrace fossil fuels while California pushes green energy. The same approach must apply to artificial intelligence.
Valid Concerns, Wrong Solution
White House AI and Crypto Czar David Sacks has raised reasonable concerns about states crafting a patchwork of AI regulations. In a series of posts on X, Sacks argued that a fragmented approach could stifle innovation and weaken America’s competitive edge on the global stage.
Those arguments deserve to be taken seriously. The pace at which AI is evolving requires smart, coordinated action. But that does not justify sidelining states entirely. Our founders understood the dangers of centralized control, which is why they built a system rooted in local accountability. A national strategy doesn’t require national micromanagement.
There are already examples of states coordinating across jurisdictions to manage complex regulatory landscapes. The Uniform Commercial Code, adopted in some form by every state, offers a model. So do interstate agreements for emergency response and driver licensing.
Why States Must Have a Say
The dangers posed by AI are real and imminent—ranging from hyper-invasive surveillance to algorithmic censorship and deepfake propaganda. Waiting for Washington to act could leave Americans defenseless against abuses of power.
If the federal government refuses to act—or worse, actively prevents oversight—states must take up the mantle. Whether it’s prohibiting AI impersonations of government officials or ensuring personal data isn’t exploited, local lawmakers are often more attuned to the needs and fears of their communities than distant federal agencies.
The Stakes Are Too High for Inaction
This debate goes far beyond partisanship. At its heart is a question of self-governance. Allowing Washington to block states from protecting their own citizens is both constitutionally indefensible and politically reckless.
If congressional Republicans are serious about upholding American liberty, they must reject any measure that neuters state authority. Let New York be New York. Let Florida be Florida. That’s the essence of American federalism.
AI may be revolutionary, but it should never redefine the American experiment. We are not vassals of a centralized regime. We are free men and women in a constitutional republic.
Congress must rediscover its fidelity to the Constitution—and empower states to lead where Washington refuses to act.
