Preemption
A legal principle allowing a higher government level to override a lower level's regulatory power.
How jurisdictions differ
What is distinctive in each definition, binding law in force first.
| Jurisdiction | Instrument | Status | What is distinctive |
|---|---|---|---|
| United States | S.3557: States' Right to Regulate AI Act | Proposed | Specifies federal government as the higher level that can limit or eliminate state regulatory power on AI, tied to a bill prohibiting federal funds for an executive order. |
| New Hampshire, United States | AN ACT relative to the use of artificial intelligence by state agencies. | Proposed | Limits preemption to displacement of state law by controlling federal law, distinguishing it from federal executive orders and legislative recommendations. |
What it triggers
- Under S.3557, if enacted, the federal government would be prohibited from using funds to implement Executive Order 14365 that preempts states' authority to regulate AI.source
- In New Hampshire, under the proposed AN ACT relative to the use of artificial intelligence by state agencies, Executive Order 14365's preemption policy would be treated as distinct from congressional law.
Definitions (2)
A legal principle where a higher level of government (federal) can limit or eliminate the power of a lower level of government (state) to regulate a particular issue.
Preemption is the displacement of state law by controlling federal law. Executive Order 14365 addresses preemption-related federal policy and a legislative recommendation, which is distinct from congressional enactment of that recommendation.
Questions and answers
How does S.3557 address federal preemption of state AI regulation?
S.3557 proposes to prohibit federal funds for implementing Executive Order 14365. This preserves states' authority against federal preemption on AI regulation.
What does New Hampshire say about preemption and Executive Order 14365?
New Hampshire defines preemption as displacement by controlling federal law. It notes Executive Order 14365 addresses preemption policy separately from congressional enactment.
In what ways do these definitions of preemption differ?
Definition 1 focuses on federal power to limit state AI regulation via a specific bill. Definition 2 narrows it to federal law displacing state law, excluding executive orders.