Federal preemption

The principle that federal law can override state law in the same area. A federal AI law or executive action could preempt state AI regulations, making them unenforceable. As of early 2026, no federal AI preemption statute has been enacted. Legislative proposals have been introduced that would limit state-level AI regulation, but none have been signed into law. State AI laws remain independently enforceable unless and until federal preemption is enacted.