Some states don't allow the death penalty.
Im writing this to finish a challenge
All of the options listed are powers of the federal branch of government, granted under the Constitution, except "regulate elections," and "set up town governments," since regulating elections is mostly up to the state (although the federal government can technically intervene) and setting up town governments is a local issue.
1. D
2. A
3. C
4. A
Hope this helps *smiles*