Federal Power --> Others

Question 1

War

Answer 1

Congress has the power to declare war, raise and support armies, and provide for and maintain a navy.

Question 2

Federal Property –POPULAR ON MBE!

Answer 2

Congress may make/eliminate rules regarding federal territories and properties.

Ex: Law that prohibits the hunting of wildlife on federal lands.

MBE TIP: Typical way this power is tested on MBE is by using preemption to invalidate a state law attempting to regulate hunting.

Question 3

Limited Police Power

Answer 3

Generally, Congress has no police power. Congress does have police power over Washington DC, federal lands, military bases, and Indian reservations. Ex: Congress passes law regarding new requirements to receive a marriage license in Washington DC.

Question 4

Citizenship

Answer 4

Congress may establish uniform rules of naturalization. This power is absolute.

Question 5

Bankruptcy

Answer 5

Congress has a non-exclusive power to establish uniform laws for bankruptcy. States may pass bankruptcy laws as long as they don’t conflict with federal laws.

Question 6

Postal

Answer 6

Congress has exclusive power to establish laws regarding restrictions on the use of mail. Congress may not deprive any citizen of the privilege of using mail.

Question 7

Patent/Copyright

Answer 7

Congress has the power to control the issuance of patents and copyrights.