5TH GRADE CONSTITUTION PROJECT

THINKING QUESTIONS

1. Ten amendments one phrase summary

Amendment #1 – Freedom of religion, speech, press.
Amendment #2 – The right to bear arms.
Amendment #3 – No quartering of soldiers.
Amendments #4 No unreasonable search and seizure of property.
Amendments #5 Due process, double jeopardy, self incrimination.
Amendment #6 – Right to a speedy trial.
Amendment #7 – Trial by jury.
Amendment #8 – Excess bail or fines, cruel and unusual punishment.
Amendment #9 – Right reserved to the people.
Amendment #10 – Rights reserved to the States.

2. Compare and contrast England’s government with America’s in the late 1700’s

  • Monarchs. England had a total of five monarchs during the 1700s: William III, Anne, George I, George II and George III. The Act of Settlement, signed in 1701, helped evolve the principle of a constitutional monarchy, still used in England today. During 1600-1700s England was governed by a mixture of forces. The house of commons, the house of lords and the monarchy. The house of commons was the elect part of parliament, it was mostly filled with wealthy people. This group was the only government who wanted democracy.
  • The government in the United States during the 1700’s was not very organized. They were made of different branches and had separate colony bodies. Many of the colonies had their own governing body that only had to do with that specific colony. The central governing body couldn’t have complete control over all of the colonies at once either. Also after the war for independence the new country was crippled with economic depression and an uncertain governing infrastructure.

3. What would have happened if the Virginia plan had been ratified?

We would have a better representation of the population in congress – it would be closer to being a one man one vote kind of thing. And also the federal government would have the ability to veto state laws.

4. Would you rather be a member of the Senate or a member of the House Of Representative? Explain why

I would prefer to be a member of the Senate because they represent an entire state.

5. How would you feel if your 1st amendment rights was taken away? How would life be different?

I would be upset and disappointed to not be able to express what I believe. And life would be different in the fact that we will have to follow one person’s decision.

6. Why do you think the 27th Amendment, first proposed in 1789,was not ratified until 1992?

I believe it was overlooked, but I think it was that they could not agree on compensation for congress. Other than not all states ratified it.

7. How does the constitution affect your daily life? Is studying it worthwhile?

The constitution affects my daily life in many ways examples I am able to say and believe what I desire.
And studying this topic is definitely worthwhile because it is very necessary to understand each and every right that a person has in the United States of America.

Questions the Articles of Confederation
would ask the Constitution of the United States

      • How many votes will each state get?
      • What about a national judiciary and the power to enforce laws?
      • What about direct contact and representation between the central government and the people?
      • Would there be a head of the nation, but not a King or dictator?
      • How any branches of government will there be?
      • What about the abolishment of slavery?
      • What about the right of citizens to bear arms?
      • What about trade and treaties with other nations?
      • What about fighting wars, who declares war against other nations?

AMENDMENT 6
~ RIGHTS OF THE ACCUSED PERSON IN CRIMINAL CASES ~

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the state and district, wherein the crime shall have been committed,which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation with the witnesses against him; to have compulsory process for obtaining in his favor; and to have assistance of counsel for his defense.

KID FRIENDLY EXPLANATION

Every person who is accused of a crime has the right to have some one on their side to help them with their case. They also have the right to know the charges and their accusers.

CASE ON 6TH AMENDMENT
GIDION V. WAINWRIGHT (1963)

Clarence Earl Gidion was charged in Florida state court with the felony of breaking and entering. When he appeared in court without a lawyer, Gidion requested that the court appoint one for him.
According to Florida state law, however, an attorney may only be appointed to an indigent defendant in capital murders,so the trial court did not appoint him one. He represented himself at his trial. He was found guilty and sentenced to 5 years in prison.
Gidion submitted a petition to the Supreme court challenging the constitutionality of his conviction, as he had not been able to have the assistance of counsel for his defense.
The Supreme Court agreed with Gidion that he had not been given a fair trial and overturned his conviction. The Court’s vote was unanimous.
I do believe that his rights were violated at the time of him asking for counsel. I also believe that the court’s ruling in this case was fair.