urts have a "strong duty to avoid constitu- tional issues that need not be resolved in order to determine the rights of the parties to the case and consideration,"County Court of Ulster County Allen. 442 U.S. 140, 154, 99 S.Ct. 2213, 60 L.Ed. Page 6 of 20 Page 6 777 (1979), we begin our analysis with Clark's non- consti