The first choice basically says, "Federal law supercedes Constitutional Law"
The second choice basically says, "Constitutional law is supreme"
It is an extremely poorly worded poll. Both favor the defendant in this case, and is one-sided, even though it's "worded differently". Here's a much better poll option for the first choice:
"The Separation of Church and State is the line that was crossed."
English
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Separation of Church in state does not apply to this! That clause applies to the government making Laws based on religious influence.