Constitution Breakdown #9: Alondra Nelson

This is the ninth episode of our ongoing series breaking down the U.S. Constitution. This month, Roman and Elizabeth discuss Article VI and VII, which include some odds and ends like the Debts Clause, the No Religious Test Clause, and the process for ratification. But tucked into Article VI is the all-important Supremacy Clause, which states that the Constitution is the “supreme Law of the Land,” and is probably the most frequently used constitutional law in practice.

When a new technology or policy area emerges, the question often comes up: whose job is it to regulate, the federal government or the states? Perhaps the most salient current example of this is artificial intelligence. To explore what the Supremacy Clause looks like in the context of artificial intelligence regulation, Roman and Elizabeth are joined by Dr. Alondra Nelson, a leading expert on AI. She currently holds the Harold F. Linder Chair at the Institute for Advanced Study in Princeton. She also served in the Biden administration as the acting director of the White House Office of Science and Technology Policy, where she spearheaded what’s called the Blueprint for an AI Bill of Rights. She discusses why AI is a challenge to regulate, what to think of the tug of war between the states and the federal government on the topic, and whether she’s optimistic governments will figure this out.

And a note on the show: We’re done with the original seven articles of the Constitution. Before we get to the 27 amendments, we’re going to take a pause on the Breakdown of the Constitution and return to releasing our What Trump Can Teach Us About Con Law episodes. There’s just so much happening in current events that we want to cover. There won’t be an episode of What Trump Can Teach Us About Con Law in May, but we’ll be back in June for Supreme Court decision season.

Credits

This episode was produced by Isabel Angell and edited by committee. Music by Swan Real and from Doomtree Records. Mix by Martín Gonzalez.

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