
The constitutional origin of Congress's regulatory authority dates to the Constitutional Convention of 1787, where Article I empowered Congress to legislate on commerce, taxation and the common defence — the legal foundation lawmakers cite when designing technology rules.
Congress's modern rulemaking and oversight practice was shaped by the Administrative Procedure Act of 1946, which required federal agencies to use notice-and-comment rulemaking and set predictable procedures that many Members of Congress now expect agencies to follow instead of passing detailed statutes.
Axios reported that a large number of members of Congress are drafting and debating AI regulations even though many do not use AI tools themselves, a disconnect MS NOW emphasized when it said President Joe Biden was 'shocked' by that finding.
The reporting centers on a political problem: lawmakers are writing rules for a fast-moving technology they largely lack practical familiarity with, and critics say that gap undermines the credibility of the legislative effort.
Supporters of congressional action argue elected officials have a duty to set guardrails for AI regardless of personal use, while opponents say meaningful oversight requires direct experience or staff expertise the institution currently lacks; the MS NOW excerpt framed Biden's reaction as evidence of the wider political surprise and embarrassment around the story.
This moment matters now because multiple committees are advancing draft bills and public pressure for AI oversight has intensified after high-profile industry moves; Axios and MS NOW both present the story as a clash between public expectations for governance and lawmakers' technical distance from the tools they seek to regulate.
The reporting distinguishes confirmed reporting (Axios's reporting on lawmakers' nonuse) from interpretation (MS NOW's emphasis on Biden's 'shock' as political framing), and it documents a credibility gap rather than alleging bad faith by any individual member.
Expect debate to hinge on whether Congress will rely on external expertise, dedicated staff, or mandated testing requirements to close that gap; for now, the central fact is procedural: Congress is moving to regulate AI while many lawmakers reportedly do not use AI themselves, and that discrepancy is shaping the political response.