Preventing Woke AI in the Federal Government

Enumerated powers · passes

President acts under Article II, Section 1 vesting of executive power and Article II, Section 3 duty to take care laws be faithfully executed, directing subordinate executive agencies on procurement. Federal procurement management is an executive function supported by Article I, Section 8, Clause 1 spending for general welfare and Clause 18 necessary and proper, as implemented by procurement statutes including 5 U.S.C. 101-104 and 31 U.S.C. 9101 cited in order. Scope is limited to federal large language model procurement and OMB guidance, building on prior trustworthy artificial intelligence policy, not a general regulation of private conduct.

Bill of Rights · passes

No First Amendment violation. Order governs federal procurement of large language models for government use, which is government speech and purchasing, not a law abridging private speech, press, assembly, or petition under First Amendment. It expressly disclaims regulation of private marketplace models. It compels no religious exercise, no search under Fourth Amendment, no arms restriction under Second Amendment, and no trial, jury, or punishment provisions implicating Amendments Five through Eight. Vendors remain free to build other models for private buyers; condition applies only to voluntary federal contracts with cure period.

Individual liberty · passes

No restriction on what a person may believe, say, publish, own, or sell. Private developers, researchers, and citizens may continue to build, use, and sell ideologically varied models in the private market; order states federal hesitance to regulate private functionality. Burden is on government as buyer to define truth-seeking and ideological neutrality for its own tools under First Amendment government-speech doctrine. Any vendor condition is voluntary as a condition of federal sale with transparency alternatives such as system prompt disclosure and latitude for innovation, not a mandate on private labor or belief.

Decentralization · passes

Federal procurement standards for federal agencies cannot be handled at a lower level. (1) Individual/family cannot procure for federal agencies. (2) Local/county cannot set federal contract terms. (3) States cannot control federal executive procurement. (4) No consolidation upward beyond minimum necessary: order applies only to federal contracts entered after guidance, preserves agency authority, requires consistency with applicable law under Article II, Section 3 take-care and Tenth Amendment reservation, and defers to OMB guidance with exceptions for national security systems.

Due process and takings · passes

No deprivation of life, liberty, or property without due process under Fifth Amendment and Fourteenth Amendment Section 1. Order operates prospectively on future contracts, requires guidance, reasonable cure period before termination, and decommissioning costs only upon noncompliance under contract terms. It revises existing contracts only to extent practicable and consistent with contract terms, creating no retroactive taking. Explicitly creates no enforceable right and remains subject to availability of appropriations, preserving notice and hearing through ordinary contract law.