Common Law Grand Jury Authority

COMMON LAW GRAND JURY AUTHORITY

Many Citations borrowed from:
http://www.nationallibertyalliance.org

• The Declaration of Independence: “We hold these truths to be self evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.—That   to   secure   these   rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, -- That   whenever   any   Form   of   Government becomes destructive to these ends, it is the Right of the People to alter, or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”... 
• U.S. Constitution Article VI, Title. Supremacy; clause Three: “This Constitution shall be the Supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”  
• U.S. Constitution Fifth Amendment: “No person shall be held to answer for a capitol or otherwise infamous crime except on a presentment or indictment of a grand jury ,”... 
• U.S. Constitution Seventh Amendment: “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law."
• U.S. Constitution Ninth Amendment: “The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the People .”
• U.S. Constitution Tenth Amendment: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
• In the Supreme Court case of United States v. Williams, 112 S.Ct. 1735, 504 U.S. 36, 118 L.Ed.2d 352 (1992 ), Justice Antonin Scalia, writing for the majority, confirmed that the American grand jury is neither part of the judicial, executive nor legislative branches of government, but instead belongs to the people. It is in effect a fourth branch of government "governed" and administered to directly by and on behalf of the American people, and its authority emanates from the Bill of Rights. 
• JUSTICE ANTONIN SCALIA WENT ON TO SAY : (in U.S v. Williams) “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, 98 S.Ct. 72, 54 L.Ed.2d 83 (1977).; United States v. John H. Williams, Jr.; 112 S.Ct. 1735; 504 U.S. 36; 118 L.Ed.2d 352; No. 90-1972. 
• "All laws, rules and practices which are repugnant to the Constitution are null and void" [Marbury v. Madison, 5th US (2 Cranch) 137, 180] 
• “There can be no limitation on the power of the people of the United States (of America). By their authority the State Constitutions were made and by their authority the Constitution for the United States (of America) was established…”  Hauenstein vs. Lynham (100 US 483). 
• “The United States Supreme Court declares that the “Sovereignty” remains with the “people” and resides with the “people”…Yick Wo vs. Hopkins and Woo Lee Hopkins (118 US 356). 
• “No action can be taken against a sovereign in the non-constitutional courts of either the United states or the state courts and any such action is considered the crime of Barratry.  Barratry is an offense at common law.”  State vs. Batson 17 S.E.2d 511. 512,513
• "Whenever people are well-informed they can be trusted with their own government” - Thomas Jefferson … 
• “The constitutions of most of our states assert that all power is inherent in the people ; that they may exercise it by themselves, in all cases to which they think themselves competent” - Thomas Jefferson, letter to John Cartwright; June 5, 1824; 
• "Trust in the jury is, after all, one of the cornerstones of our entire criminal jurisprudence, and if that trust is without foundation we must reexamine a great deal more than just the nullification doctrine." - Judge David L. Bazelon
• "The Court of Appeals' rule would neither preserve nor enhance the traditional functioning of the grand jury that the "common law" of the Fifth Amendment demands” - 1990, U.S v. Williams
• "The grand jury is an institution separate from the courts, over whose functioning the courts do not preside, we think it clear that, as a general matter at least, no such supervisory judicial authority exists” - 1990, U.S v. Williams  
• JUSTICE ANTONIN SCALIA SAID : “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”. Stirone v. United States, 361 U.S. 212, 218, 80 S.Ct. 270, 273, 4 L.Ed.2d 252 (1960); Hale v. Henkel, 201 U.S. 43, 61, 26 S.Ct. 370, 373, 50 L.Ed. 652 (1906); United States v. John H. Williams, Jr.; 112 S.Ct. 1735; 504 U.S. 36; 118 L.Ed.2d 352; No. 90-1972.
• JUSTICE ANTONIN SCALIA SAID : “The grand jury requires no authorization from its constituting court to initiate an investigation,” see Hale, supra, 201 U.S., at 59-60, 65, 26 S.Ct., at 373, 375, ).; United States v. John H. Williams, Jr.; 112 S.Ct. 1735; 504 U.S. 36; 118 L.Ed.2d 352; No. 90-1972. 
• “The grand jury's functional independence from the judicial branch is evident both in the scope of its power to investigate criminal wrongdoing, and in the manner in which that power is exercised. "Unlike [a] [c]ourt, whose jurisdiction is predicated upon a specific case or controversy, the grand jury 'can investigate merely on suspicion that the law is being violated, or even because it wants assurance that it is not.'" United States v. R. Enterprises, 498 U.S. ----, ---- , 111 S.Ct. 722, 726, 112 L.Ed.2d 795 (1991) (quoting United States v. Morton Salt Co., 338 U.S. 632, 642-643, 70 S.Ct. 357, 364, 94 L.Ed. 401 (1950)). Blair v. United States, 250 U.S. 273, 282, 39 S.Ct. 468, 471, 63 L.Ed. 979 (1919).; United States v. John H. Williams, Jr.; 112 S.Ct. 1735; 504 U.S. 36; 118 L.Ed.2d 352; No. 90-1972.
• Presentments are filed with the Supreme Court Chief Clerk and once filed cannot be removed, anyone interfering with an official proceeding commits a crime under US codes. 
• USC 18 §2076 - Clerk is to file: Whoever, being a clerk willfully refuses or neglects to make or forward any report, certificate, statement, or document as required by law, shall be fined under this title or imprisoned not more than one year, or both. USC 18 §2071 - Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, documents filed or deposited with any clerk or officer of any court, shall be fined or imprisoned not more than three years, or both. 18 USC §1512b - Whoever knowingly uses intimidation, threatens, or corruptly persuades another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to - (1) influence, delay, or prevent ... an official proceeding; (2) cause or induceany person to - (a) withhold ... a document, or other object, from an official proceeding; (b) alter, destroy, mutilate, or conceal an official proceeding; … shall be fined under this title or imprisoned not more than 20 years, or both.
• "The jury has a unalienable right to judge both the law as well as the fact in controversy." John Jay, 1st Chief Justice United States Supreme Court, 1789.  "The jury has the right to determine both the law and the facts." Samuel Chase, U.S. Supreme Court Justice 1796, Signer of the unanimous Declaration  
• "The jury has the power to bring a verdict in the teeth of both law and fact." Oliver Wendell Holmes, U.S. Supreme Court Justice, 1902.
• The Magna Carta §52 Title. DUTY OF THE GRAND JURY; “If anyone’s unalienable rights have been violated, or removed, without a legal sentence of their (“We the People” Supreme Rulers), named Peers, from their lands, home, liberties or lawful right, “We the People” Supreme Rulers [the twenty-five] shall straightway restore them. And if a dispute shall arise concerning this matter it shall be settled according to the judgment of “We the People” Supreme Rulers, [the twenty-five] Grand Jurors, the sureties of the peace.” 06/15/1215 
• The Magna Carta §61 Title. CONSTITUTION OF A COMMON LAW GRAND JURY “We The People Supreme Rulers” having discord, which has arisen between (”One People” Supreme Ruler) Us, and our civil servants, (judges, justices, attorneys, clerks, elected civil and military officers, Sheriff, US Marshal Services, congressman, congresswoman, state representatives) wishing to establish justice, insure domestic tranquility, and secure the blessings of liberty to enjoy forever in its entirety. “We The People Supreme Rulers” may select at Our pleasure [twenty-five] “People” Supreme Rulers from the Sovereignty, (not elected public officials civil servants) who ought, with all their strength, to observe, maintain; and cause to be observed, the peace and unalienable rights. If any of our civil servants shall have transgressed against any of theOne People” Supreme Ruler in any respect and they shall ask (“We The People Supreme Rulers”) Us, to cause that error to be amended without delay, or shall have broken some one of the articles of peace or security, and their transgression shall have been shown to [four Jurors] of the aforesaid twenty-five “People” Supreme Rulers from the Sovereignty, and if those [four Jurors] are unable to settle the transgression they shall come to the [twenty-five], “People” Supreme Rulers from the Sovereignty, showing to the Grand Jury the error which shall be enforced by the law of the land.” 06/15/1215
• Quote From George Washington:  “The power under the Constitution will always be in the people. It is entrusted for certain defined purposes, and for a certain limited period, to representatives of their own choosing; and whenever it is executed contrary to their interest, or not agreeable to their wishes, their servants can, and undoubtedly will, be recalled.”