Bar Exam Practice Questions 2025 – Your All-in-One Guide to Mastering the Bar Exam!

Setting marriage laws is a clear example of state powers because the regulation of marriage is traditionally within the realm of state authority. Each state has the power to create its own laws regarding the solemnization of marriage, age requirements, licenses, and the recognition of marriage contracts. This reflects the principles of federalism, where states hold powers that are not expressly reserved for the federal government by the Constitution.

The other choices represent powers that are not typically reserved for the states. Establishing federal courts is a function of the federal government, as the structure and jurisdiction of the federal judiciary are determined by federal law. Regulating interstate commerce is also a power vested in the federal government, as outlined by the Commerce Clause of the Constitution, which grants Congress the authority to regulate commerce with foreign nations and among the states. Maintaining a military is solely a federal responsibility, as national defense and military operations fall under the jurisdiction of the federal government. Therefore, among the options, setting marriage laws is distinctly a power that belongs to the states.