What would the Founders think about AI expansion in America?
This gives us a modern-day test of constitutional issues that still matter today: centralized power, factions, separation of powers, and checks and balances.
Federal Power Was Meant to Be Limited
James Madison explains in Federalist No. 45 that constitutional federal power is limited, while the powers of the states are “numerous and indefinite.” He describes federal authority as applying to subjects like war, peace, negotiations, and foreign commerce, including taxes and tariffs.
That raises an important question: Should the federal government be involved in every jot and tittle of AI use? Or should it set broad parameters while state governments and private institutions handle the finer details as they apply to the lives, liberty, and property of the people and the prosperity of the state?
Factions, Panic, and Public Pressure
Next, let’s look at factions and out-of-control majorities. Madison addresses this in Federalist No. 10. He argues that a large republic is best for controlling factions. In that sense, the federal government can help restrain public panic, industry lobbying, and ideological fervor.
As Madison put it, “the causes of faction cannot be removed and relief can only be sought in the means of controlling its effects.”
Our country could easily fall prey to public panic or passion on this issue. This is where the federal government may be useful in setting broad AI rules and regulations, while leaving the details to the states.
Checks and Balances Still Matter
Finally, AI’s power must be checked and balanced so it does not experience “power creep.” In Federalist No. 51, Madison reminds us how difficult it is to frame a government. “You must first enable the government to control the governed, and in the next place, oblige it to control itself.” He continues, “But experience has taught mankind that auxiliary precautions are necessary.”
The same should apply to AI today. We do not want agencies handed blank checks, or courts used as a weapon. We do not want federal authority to creep far beyond its proper limits. And we certainly do not want AI to go rogue and rule us. That is why we must think carefully about the checks and balances placed on AI’s authority and power.
What This Means for AI Today
The Founders probably would not have seen AI as a special exception that justifies broad new federal power. They would likely see it as another reason to insist on enumerated powers, limited and separated powers, and restraint in government authority.
This is Common Sense Civics and Citizenship.🇺🇸
Resource:
Webster, M. E. (2018). The Federalist Papers in Modern Language.
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