CO Bar CO Bar Constitutional Law 2

Question 1

Under the Establishment Clause, a government action is least likely to be constitutional when it:

Accepted Answer

Endorses a particular religion

Answer

Has a secular legislative purpose

Answer

Neither advances nor inhibits religion

Answer

Avoids excessive government entanglement with religion

Question 2

Which doctrine allows federal courts to avoid deciding constitutional questions by interpreting federal statutes to avoid constitutional issues?

Accepted Answer

Constitutional avoidance canon

Answer

Political question doctrine

Answer

Abstention doctrine

Answer

Mootness doctrine

Question 3

Colorado's Constitution provides broader individual rights protections than the U.S. Constitution in some areas. When interpreting state constitutional claims, Colorado courts:

Accepted Answer

May interpret state provisions to provide greater protection than federal counterparts

Answer

Must follow federal constitutional interpretations identically

Answer

Must provide less protection than federal minimums

Answer

Only apply state provisions to criminal cases

Question 4

Under substantive due process, which right is considered a fundamental right requiring strict scrutiny if burdened by government action?

Accepted Answer

Right to interstate travel

Answer

Right to a job

Answer

Right to education

Answer

Right to welfare benefits

Question 5

Under the Free Exercise Clause, a neutral law of general applicability that incidentally burdens religious practice must satisfy:

Accepted Answer

Rational basis

Answer

Strict scrutiny

Answer

Intermediate scrutiny

Answer

Compelling interest with narrow tailoring only for religious groups

Question 6

Article VI of the U.S. Constitution's Supremacy Clause means that when valid federal law conflicts with state law:

Accepted Answer

Federal law preempts state law

Answer

The state law prevails if it provides greater protections

Answer

Courts must reconcile both laws

Answer

The state legislature decides which governs