Artificial Intelligence Poised to Aid in Complex Lawmaking
AI’s Role in Legislative Drafting
Artificial intelligence (AI) is increasingly being employed by legislators to draft more intricate and detailed laws without altering legislative procedures. Currently, AI’s application spans various functions such as database searches, text drafting, meeting summaries, and policy analysis. This trend is mirrored globally, with a Brazilian municipality passing the first AI-written law in 2023.
Demand for Complex Legislation
The complexity of legislation in the U.S. is escalating, driven by factors like ideological polarization and divided government. Researchers have found that complex laws often arise in polarized and divided political environments, where legislators aim to constrain executive discretion. The 2024 overturning of the Chevron doctrine by the U.S. Supreme Court mandates more specific legislation, further increasing complexity.
Impact on Balance of Power
The elimination of the Chevron doctrine signifies a shift in power, compelling the legislature to specify more policy details in statutes, thereby reducing executive discretion. This shift, however, also presents opportunities for lobbyists and third parties to influence legislation through AI.
AI’s Potential in Lawmaking
AI can enhance legislative processes by allowing lawmakers to draft more detailed laws efficiently. AI models possess extensive expertise and can perform complex reasoning tasks, enabling legislators to manage a wider range of topics and fill in intricate details. The U.S. House and Ohio have already implemented AI tools to streamline legislative processes.
Risks and Future of AI in Legislation
While AI’s integration into lawmaking presents risks, such as potential biases and manipulation, these are not drastically different from current human-influenced legislative challenges. AI-written laws could be misaligned with policy outcomes or skewed to favor specific constituencies, much like human-drafted laws.
Despite these challenges, AI-driven legislative drafting is likely to grow as policy complexity increases. The future of lawmaking will increasingly involve AI, with policymakers leveraging its capabilities to meet the demands of modern governance.
Contributors
Nathan Sanders: A data scientist affiliated with the Berkman Klein Center at Harvard University, focusing on developing open technology for public policy development.
Bruce Schneier: A renowned security technologist and author, recognized for his expertise in cybersecurity and public policy.