White House uses executive orders to set AI and economic rules

In short: Recent presidents have increasingly used executive orders to shape major AI and economic rules without Congress passing new, detailed laws.

What's going on

Legal and policy analysts say the White House has been setting big policies through executive orders and presidential directives. These are written instructions from the president that tell federal agencies what to do. This does not erase Congress, but it can shift many important choices into the White House.

AI is a clear example. In fall 2023, President Biden announced federal AI policies through executive action, including rules tied to safety, security, and civil rights. Scholars note that Congress had not passed a single, broad AI law that spelled out these exact requirements, so agencies were largely acting based on White House direction and older laws.

Analysts say similar approaches show up in other areas that affect private companies. Presidents have used existing national security and trade powers to limit certain technology purchases and sales, and to impose tariffs, which are taxes on imported goods. They have also tried to bring independent agencies like the FTC and FCC under tighter White House review, even though Congress designed those agencies to have some distance from direct presidential control.

What to watch

The main question is where the legal line is. Executive orders must be based on the Constitution or an existing law, and courts can block actions that go beyond that, like freezing money Congress already approved. Watch for new court cases, and for whether Congress responds with more specific laws for AI and other fast-moving industries, which would reduce the White House’s room to act like the main rule writer (like changing the rules of a sport without a new rulebook).

Source: NYTimes