One of the most frustrating things happening in America today is the helplessness people feel. We can see corruption, ridiculous spending, Obama socialism and arrogance swirling around us and we want to stop it but we don’t know where to turn. The politicians, judges and government officials are having a merry old time thumbing their fingers and noses at us.

Would you like to put a stop to this madness? There is way. It requires work and effort but you will be in control, not the government. The power is provided for you under Amendment 5 of the Constitution of the United States. This Amendment is part of the Bill of Rights (given to the people, not the Government).

Amendment V states:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Now at first glance you may not grasp what the Founding Fathers are granting here. You will probably understand that in a major criminal case you must be indicted by a Grand Jury before you can be tried. But step outside the box and really think about it. What exactly comprises a Grand Jury? In this Country it is 25 of your peers, or better said, 25 independent citizens. The citizens that hand down a presentment or indictment in Grand Juries are NOT public or government officials. The Grand Jury is an independent body of people empowered by the Constitution. They alone, NOT the government, can make the presentment or indictment. So what does that say? In simple terms, it vests the power of the Grand Jury with the people, not with any of the 3 Branches of Government.

Before we go further you should be aware there is always some dark side trying to suppress us. In 1946, the Federal Rules of Criminal Procedure were adopted, codifying what had previously been a vastly divergent set of common law procedural rules and regional customs. Long story short, the Legislature said,

..provided no outlet for any document other than a prosecutor-signed indictment.

…on the term presentment as used in the Fifth Amendment. It was his conclusion that the term should not be used in the new rules of criminal procedure…

It has become the practice for the United States Attorney to attend grand jury hearings, hence the use of presentments have been abandoned.

So bummer, it looks like only the Federal Proscecutor can sign-off on a Grand Jury indictment and independent “presentments” are no longer allowed. Nope! The Constitution does not say that. The FRCP rules are just that, they are rules to conduct legal proceedings by. They do NOT have the power of the Constitution. No law or rule can circumvent the Constitution unless we allow these sneaky Legislators to get away with it. The Constitution is the final law of the land. Unless the Constitution is amended by a 2/3rds majority vote of both the House and the Senate, the 5th Amendment still speaks loud and clear.

You should read the following essay by Leo C. Donofrio, JD to more fully understand how powerful the 5th Amendment to the Constitution really is. You will cheer when you get to the end of the essay and find that modern caselaw and decisions by the Supreme Court conclude:

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.

The Federal Grand Jury is the 4th Branch of Government — Research Essay by Leo C. Donofrio, JD — January 22, 2009

Thanks for stopping by,

Bob Campbell,
Editor