Department of Advanced Technology and Artificial Intelligence Act

The proposed bill seeks to establish a new executive department solely for advanced technology and artificial intelligence. While Congress possesses authority under Article I, Section 8, Clause 18 to make all laws necessary and proper for executing its enumerated powers, and the President may recommend measures (Article II, Section 3), the creation of an executive department is not in itself forbidden. However, the Constitution vests the executive power in a single President (Article II, Section 1, Clause 1), and the establishment of a department with broad, undefined authority over a rapidly …

The proposed legislation to establish a Department of Advanced Technology and Artificial Intelligence expands federal authority into areas not enumerated by the Constitution, particularly in matters of private industry and innovation. The Tenth Amendment reserves to the States and the People all powers not delegated to the United States. Furthermore, the necessary and proper clause (Article I, Section 8, Clause 18) cannot be stretched to justify a general department for technology without a specific enumerated power. The First Amendment protects the freedom of scientific inquiry and expression…

The creation of a new executive department must be considered in light of the constitutional vesting of all legislative powers in Congress (Article I, Section 1) and the President’s authority over the executive branch (Article II, Section 1, Clause 1). The Constitution does not enumerate a specific power to establish a Department of Advanced Technology and Artificial Intelligence; however, Congress possesses implied powers under the Necessary and Proper Clause (Article I, Section 8, Clause 18) to create executive departments that are reasonably related to the execution of enumerated powers. If…

This legislation establishes a new executive department. The Constitution vests all legislative powers in Congress (Article I, Section 1), but the creation of Executive departments is not among the enumerated powers of Congress under Article I, Section 8. The Necessary and Proper Clause (Article I, Section 8, Clause 18) permits Congress to make laws necessary for carrying into execution the powers vested by the Constitution in the Government of the United States or any department thereof. However, creating a new Department of Advanced Technology and Artificial Intelligence does not appear nece…