Can constitutional democracy survive the age of AI, or are we handing over governance to systems the law was never built to handle? In this episode of Bite-Sized Business Law Podcast, host Amy Martella sits down with Margaret Hu, Davison Douglas Professor of Law and Director of the Digital Democracy Lab at William & Mary Law School, to explore the intersection of AI and constitutional law. Margaret shares her journey from the Civil Rights Division post-9/11 to becoming one of the first scholars in AI law, as well as the release of her groundbreaking textbook on AI Law and Policy. She explains why AI is not just a technology but a potential competing constitutional force, and why legal frameworks must return to the first principles of democracy, rights, and accountability to prevent a move toward unconstitutional governance. They also delve into the EU AI Act, state-led regulatory efforts, the gaps in the U.S legal framework, the Anthropic-Pentagon controversy, and the risks of allowing national security to override constitutional checks and balances. Tune in to learn why building rights-first AI frameworks is essential to protecting democracy with Margaret Hu.
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