Safeguard Kids Act

The proposed bill is a lawful exercise of Congress's power under the Spending Clause, as it amends a pre-existing federal spending program (the Elementary and Secondary Education Act of 1965) to permit the use of federal funds for instruction on the responsible use of artificial intelligence. Such an exercise is consistent with the General Welfare, as it promotes an informed citizenry capable of navigating emerging technologies. The bill does not commandeer state educational systems or compel any curriculum; rather, it merely enables states and localities to choose to adopt such instruction us…

The Constitution grants no enumerated power to the federal government over the education of children. The Tenth Amendment reserves to the States, or to the people, all powers not delegated to the United States. The Elementary and Secondary Education Act itself, by its very nature, exceeds the limited federal authority, and this amendment only compounds the error by dictating curriculum content. The proper sphere for such instruction is the family and the local community, not the distant halls of Congress.

The Constitution does not expressly grant the federal government power over education; the Tenth Amendment reserves such authority to the states or the people. However, if this bill is tied to a valid enumerated power—such as the spending power under Article I, Section 8, Clause 1, to provide for the general welfare—then it may be constitutional only if it does not coerce states into compliance and respects state autonomy in curriculum decisions. The Elementary and Secondary Education Act of 1965, as amended, relies on conditional spending, which must be unambiguous and related to a federal in…

This bill is a valid exercise of Congress's power to provide for the general welfare through conditional spending. The Elementary and Secondary Education Act, which this bill amends, is grounded in the spending power under Article I, Section 8, Clause 1. By enabling schools to teach about artificial intelligence, the bill promotes an informed citizenry and addresses a matter of national concern. As established in McCulloch v. Maryland, Congress may employ means that are appropriate and plainly adapted to a legitimate end, so long as they are not prohibited by the Constitution. The bill does no…