Guest editorial: If Congress won’t regulate AI, it’s up to states

President Donald Trump is right that a single national policy regulating artificial intelligence is preferable to a patchwork of 50 different state laws. An executive order is not the way to implement it, though. Until Congress passes federal legislation, California should continue its efforts to establish guardrails for this evolving industry.

Trump’s Dec. 11 order spells out a framework for regulating the AI industry. It also threatens states that pursue their own rules. The Justice Department would establish an AI Litigation Task Force to challenge state AI laws inconsistent with Trump’s order. He also wants to withhold funding for broadband expansion from noncompliant states. No doubt if the administration seeks to exact such punishment, there will be long legal battles challenging it.

Still, Trump does have a point that leaving AI regulations to each state is a bad idea. Companies will face tremendous costs seeking to comply with every rule in every state. That creates barriers to innovation and to new companies entering the marketplace. Trump also correctly notes that the rules in one state can regulate beyond its own borders, hindering interstate commerce.

The executive order says the administration will work with Congress to develop regulations, but the president is not willing to wait for Congress to do something. He will act unilaterally.

Imposing an AI framework by presidential decree ignores the constitutional separation of powers and how laws are supposed to be made.

Any national regulation of the AI industry must originate in Congress. Lawmakers should convene hearings with AI researchers, ethicists, industry representatives and civil liberties advocates. After examining the risks and benefits, they would deliberate and craft sensible legislation that allows the AI industry to flourish within guardrails that protect children, vulnerable Americans and consumers.

Partisan rancor consumes Congress’ time. It was hard enough to get lawmakers to fund the government. Passing something difficult like AI regulations is hopeless. Earlier this year, lawmakers could not agree on AI provisions in Trump’s One Big Beautiful Bill Act or the National Defense Authorization Act. Neither party trusts the other enough to collaborate on something this consequential.

Yet a broken Congress does not mean that the president may act unilaterally. Rather, power devolves to the states. And when it comes to regulating AI, California stands at the fore.

California has already enacted laws requiring transparency about AI-generated content, protecting minors from harmful chatbot interactions and creating accountability for developers of the most powerful AI systems. State lawmakers say they will continue to do so, updating state rules to keep up with the rapidly evolving field of AI.

As home to many of the world’s biggest AI companies, the state is better positioned than most to work with industry on prudent safeguards. When Sacramento sets standards that Silicon Valley follows, those rules become de facto national norms.

Following Trump’s order, Gov. Gavin Newsom announced a California Innovation Council that will bring together top minds in the field to help guide the state’s tech policy and accelerate the use of AI in state government. If it succeeds, it could become a key point for collaboration between government and industry — and a model for national regulations.

Uniform national standards remain the preferred option, but as long as Congress remains incapable of action, it is up to California to protect its residents despite the president’s threats.

Written by the Santa Rosa Press Democrat editorial board. ©2025 The Press Democrat.