The dormant Commerce Clause is an implied constitutional restriction derived from the Commerce Clause of Article I, Section 8. It holds that states cannot enact legislation that discriminates against or excessively burdens interstate commerce, even in the absence of federal law directly preempting those state laws. Courts apply a balancing test: if a state law's burden on interstate commerce is clearly excessive relative to its local benefits, the law may be struck down. The Trump administration's AI executive order directs the DOJ's AI Litigation Task Force to challenge state AI laws on dormant Commerce Clause grounds, arguing that state-by-state AI regulations impose excessive compliance costs on AI companies operating across state lines. Legal analysts note this is a plausible but untested theory, and that courts have historically been reluctant to strike down state consumer protection laws on dormant Commerce Clause grounds without clear evidence of discriminatory intent.