Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: yldstrk; EEGator; JimRed

Maybe if you learned something about the law you feel a bit different about this.

If we the people start standing behind these Grand Juries, then our Politicians would start to fear us.


Antonin Scalia effectively codified the unique independent power of the Fourth Branch into the hands of all citizens sitting as federal grand jurors. In discussing that power and unique independence granted to the grand jury, the United States Supreme Court, in United States v. Williams, 504 U.S. 36 at 48 (1992), Justice Scalia, delivering the opinion of the court, laid down the law of the land:

“‘[R]ooted in long centuries of Anglo-American history,” Hannah v. Larche, 363 U.S. 420, 490 (1960) (Frankfurter, J., concurring in result), the grand jury is mentioned in the Bill of Rights, but not in the body of the Constitution. It has not been textually assigned, therefore, to any of the branches described in the first three Articles. It “`is a constitutional fixture in its own right.’” United States v. Chanen, 549 F.2d 1306, 1312 (CA9 1977) (quoting Nixon v. Sirica, 159 U.S. App. D.C. 58, 70, n. 54, 487 F.2d 700, 712, n. 54 (1973)), cert. denied, 434 U.S. 825 (1977). ‘ “

I submit to you that this passage sets the stage for a revolutionary knew context necessary and Constitutionally mandated to “we the people”, THE FOURTH BRANCH of the Government of the United States. Besides, the Legislative, Executive, and Judicial branches, I submit that there is a fourth branch, THE GRAND JURY, and “we the people” when sitting as grand jurors, are, as Scalia quoted in US v. Williams, ” a constitutional fixture in its own right”. Yes, damn it. That is exactly what the grand jury is, and what it was always intended to be.
Scalia also stated, that “the grand jury is an institution separate from the courts, over whose functioning the courts do not preside…” Id.
And finally, to seal the deal, Scalia hammered the point home:

“In fact, the whole theory of its function is that it belongs to no branch of the institutional Government, serving as a kind of buffer or referee between the Government and the people. See Stirone v. United States, 361 U.S. 212, 218 (1960); Hale v. Henkel, 201 U.S. 43, 61 (1906); G. Edwards, The Grand Jury 28-32 (1906). Although the grand jury normally operates, of course, in the courthouse and under judicial auspices, its institutional relationship with the Judicial Branch has traditionally been, so to speak, at arm’s length. Judges’ direct involvement in the functioning of the grand jury has generally been confined to the constitutive one of calling the grand jurors together and administering their oaths of office. See United States v. Calandra, 414 U.S. 338, 343 (1974); Fed.Rule Crim.Proc. 6(a). [504 U.S. 36, 48] “

This miraculous quote says it all, “…the whole theory of its function is that it belongs to no branch of the institutional Government, serving as a kind of buffer or referee between the Government and the people.” The Constitution of the United States, as interpreted by the Supreme Court, gives rise to a FOURTH BRANCH of Government, THE GRAND JURY. We the people have been charged with oversight of the government in our roles as grand jurors.

http://harmonyhealth.wordpress.com/2009/03/21/grand-jury-is-the-4th-branch-of-our-government-start-one-today/


35 posted on 07/25/2013 7:38:34 AM PDT by phockthis (http://www.supremelaw.org/fedzone11/index.htm ...)
[ Post Reply | Private Reply | To 3 | View Replies ]


To: phockthis

You’re delusional.


39 posted on 07/25/2013 7:48:52 AM PDT by Mr. Lucky
[ Post Reply | Private Reply | To 35 | View Replies ]

To: phockthis

Maybe if you learned the difference between an actual grand jury and a Larry Klayman stunt you’d stop volunteering to look foolish.


40 posted on 07/25/2013 7:54:28 AM PDT by A.A. Cunningham (Electorate data confirms Resolute Conservative voted for Soetoro)
[ Post Reply | Private Reply | To 35 | View Replies ]

To: phockthis

“Judges’ direct involvement in the functioning of the grand jury has generally been confined to the constitutive one of calling the grand jurors together and administering their oaths of office. See United States v. Calandra, 414 U.S. 338, 343 (1974); Fed.Rule Crim.Proc. 6(a). [504 U.S. 36, 48]”

And what Constitutionally appointed judges called this particular “grand Jury” together?


44 posted on 07/25/2013 8:05:46 AM PDT by yldstrk (My heroes have always been cowboys)
[ Post Reply | Private Reply | To 35 | View Replies ]

To: phockthis

45 posted on 07/25/2013 8:06:45 AM PDT by EEGator
[ Post Reply | Private Reply | To 35 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson