Public Constitutional AI

We are increasingly subjected to the power of AI authorities. As AI decisions become inescapable, entering domains such as healthcare, education, and law, we must confront a vital question: how can we ensure AI systems have the legitimacy necessary for effective governance? This essay argues that to secure AI legitimacy, we need methods that engage the public in designing and constraining AI systems, ensuring these technologies reflect the community's shared values. Constitutional AI, proposed by Anthropic, represents a step towards this goal, offering a model for democratic control of AI. However, while Constitutional AI's commitment to hardcoding explicit principles into AI models enhances transparency and accountability, it falls short in two crucial aspects: addressing the opacity of individual AI decisions and fostering genuine democratic legitimacy. To overcome these limitations, this essay proposes "Public Constitutional AI." This approach envisions a participatory process where diverse stakeholders, including ordinary citizens, deliberate on the principles guiding AI development. The resulting "AI Constitution" would carry the legitimacy of popular authorship, grounding AI governance in the public will. Furthermore, the essay proposes "AI Courts" to develop "AI case law," providing concrete examples for operationalizing constitutional principles in AI training. This evolving combination of constitutional principles and case law aims to make AI governance more responsive to public values. By grounding AI governance in deliberative democratic processes, Public Constitutional AI offers a path to imbue automated authorities with genuine democratic legitimacy, addressing the unique challenges posed by increasingly powerful AI systems while ensuring their alignment with the public interest.