The Supreme Court has reserved for itself the power to determine when state action is excessive, even when Congress has not used the commerce clause to regulate.

Name: The Supreme Court has reserved for itself the power to determine when state action is excessive, even when Congress has not used the commerce clause to regulate.
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This is known as the "dormant commerce clause" and allows the Supreme Court to strike down state laws that discriminate against or unduly burden interstate commerce.

The Supreme Court Has Reserved for Itself the Power to Determine