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An EO to overrule state legislation? Is that even remotely legal? Can't the states just tell him to fuck off. The courts aren't going to throw state law out the window because the president says they are bad laws. It would take an act of Congress to do that and Congress failed in the attempt earlier this year.
It’s not illegal per se - it’s just not how EOs work.
It’s also illegal. It’s a violation of the 10th amendment. Powers not delegated to the federal government and not prohibited to the states are reserved for the states or the people. States have every right to make laws restricting the use of AI within their own borders.
(I am neither a lawyer nor a constitutional scholar.)
But the proposed EO has no power to do anything so it doesn’t really break the 10th.
(also neither a lawyer nor a constitutional scholar so this is only based on my very basic understanding. Fully prepared to hang my head in shame if someone more informed explains how I’m wrong)
If he enlists his agencies to, through legal actions, office raids, and city occupation to enforce his "powerless" EO, presumably the 10th starts being meaningful.