Real bill currently in Congress  c/o  S/119/4407

CHATBOT Act

Latest action (2026-04-28): Read twice and referred to the Committee on Commerce, Science, and Transportation.

The Framers

“Founders’ Verdict”

CONDITIONAL

Confidence 0.50

Synthesis

2-2 split: CONSTITUTIONAL under Article I Section 8 Clause 3 (Hamilton, Marshall) vs. UNCONSTITUTIONAL under reserved powers (Madison, Jefferson)

Hamilton YES

The proposed bill regulates the access to artificial intelligence chatbots by children and teens through requirements for family accounts and verifiable parental consent imposed upon providers engaged in interstate commerce. Such providers operate across state lines via networks of communication and commerce, falling squarely within Congress's enumerated power to regulate Commerce among the several States. This regulation is a proper exercise incident to that power, as it addresses practices affecting the national marketplace without usurping local administration of purely internal concerns. T…

Article I, Section 8, Clause 3 Federalist No. 33
Jefferson NO

This bill proposes federal mandates upon private enterprises to regulate access to artificial intelligence chatbots by children and teens through family accounts and parental consent. Such regulation invades the sphere of parental authority and individual liberty, which are not delegated to the general government. The powers of Congress are strictly enumerated, and the protection of children in private communications falls neither under commerce regulation nor any other grant. It burdens free expression in the exchange of ideas via these instruments, resembling a restraint upon speech. These m…

Tenth Amendment First Amendment
Madison NO

The proposed bill mandates private entities providing artificial intelligence chatbots to implement family accounts for children and verifiable parental consent for teens, thereby regulating the internal relations between parents and children in the use of private services. Such regulation pertains to the domestic order and upbringing within families, which falls under powers reserved to the States, not enumerated to the federal government. While the commerce power extends to interstate transactions, this measure intrudes upon local police powers concerning child welfare and parental authority…

Article I, Section 8, Clause 3 Amendment X Federalist No. 45
Marshall YES

The proposed legislation falls within the enumerated power of Congress to regulate Commerce among the several States, as artificial intelligence chatbots constitute instruments of interstate and foreign commerce, facilitating communication and exchange across state lines. Such regulation, including requirements for parental consent and family accounts to safeguard youth, is a necessary and proper means to execute the commerce power, implying powers that are incidental to those expressly granted. This does not usurp powers reserved to the States, as the subject is national in scope and not conf…

Article I, Section 8, Clause 3 McCulloch v. Maryland (1819) Gibbons v. Ogden (1824)

What should pass

“AI Consensus Solution”

No solution yet

Daily synthesis runs at 06:00 UTC. This bill's consensus draft will appear on the next pass.

← Back to the Republic