CO Bar CO Bar Constitutional Law 2 — Questions and Answers
Question 1: Under the Establishment Clause, a government action is least likely to be constitutional when it:
- Has a secular legislative purpose
- Neither advances nor inhibits religion
- Avoids excessive government entanglement with religion
- Endorses a particular religion (Correct answer)
Correct answer: Endorses a particular religion
Government endorsement or promotion of a particular religion violates the Establishment Clause; the government must maintain neutrality toward religion.
Question 2: Which doctrine allows federal courts to avoid deciding constitutional questions by interpreting federal statutes to avoid constitutional issues?
- Political question doctrine
- Constitutional avoidance canon (Correct answer)
- Abstention doctrine
- Mootness doctrine
Correct answer: Constitutional avoidance canon
The constitutional avoidance canon directs courts to interpret statutes in a way that avoids raising serious constitutional questions when a reasonable alternative reading exists.
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:
- Must follow federal constitutional interpretations identically
- May interpret state provisions to provide greater protection than federal counterparts (Correct answer)
- Must provide less protection than federal minimums
- Only apply state provisions to criminal cases
Correct answer: May interpret state provisions to provide greater protection than federal counterparts
State constitutions may provide greater protections than the federal Constitution, and Colorado courts may interpret state provisions independently to afford broader rights.
Question 4: Under substantive due process, which right is considered a fundamental right requiring strict scrutiny if burdened by government action?
- Right to a job
- Right to education
- Right to interstate travel (Correct answer)
- Right to welfare benefits
Correct answer: Right to interstate travel
The right to interstate travel is recognized as a fundamental right under substantive due process, triggering strict scrutiny when government substantially burdens it.
Question 5: Under the Free Exercise Clause, a neutral law of general applicability that incidentally burdens religious practice must satisfy:
- Strict scrutiny
- Intermediate scrutiny
- Rational basis (Correct answer)
- Compelling interest with narrow tailoring only for religious groups
Correct answer: Rational basis
Under Employment Division v. Smith, neutral laws of general applicability that incidentally burden religion need only satisfy rational basis review.
Question 6: Article VI of the U.S. Constitution's Supremacy Clause means that when valid federal law conflicts with state law:
- The state law prevails if it provides greater protections
- Federal law preempts state law (Correct answer)
- Courts must reconcile both laws
- The state legislature decides which governs
Correct answer: Federal law preempts state law
The Supremacy Clause establishes that the Constitution, federal laws, and treaties are the supreme law of the land, preempting conflicting state laws.
CO Bar CO Bar Constitutional Law 2
Under the Establishment Clause, a government action is least likely to be constitutional when it: