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Why did the Founders explicitly write Grand Juries into the Fifth Amendment?

Posted on 2/11/26 at 8:12 pm
Posted by boosiebadazz
Member since Feb 2008
84877 posts
Posted on 2/11/26 at 8:12 pm
Here’s the text:

quote:

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.
Posted by Rebel
Graceland
Member since Jan 2005
142358 posts
Posted on 2/11/26 at 8:16 pm to
they didn't cover the bill of rights in law school?

Posted by boosiebadazz
Member since Feb 2008
84877 posts
Posted on 2/11/26 at 8:17 pm to
I don’t need the opinions of law professors. I need the opinions of liquor salesmen who style themselves as constitutional conservatives. So whatcha got?
This post was edited on 2/11/26 at 8:19 pm
Posted by WeeWee
Member since Aug 2012
44537 posts
Posted on 2/11/26 at 8:19 pm to
Because the founding fathers didn’t trust central authority.
Posted by boosiebadazz
Member since Feb 2008
84877 posts
Posted on 2/11/26 at 8:20 pm to
Especially when that central authority is wielded and embodied by one person making a decision to prosecute.
Posted by gizmoflak
Member since May 2007
11844 posts
Posted on 2/11/26 at 8:22 pm to
abuse of power concerns

Imagine a rogue prosecutor dragging enemies into criminal court on a whim
Posted by BeepBopBoop
Northshore
Member since Dec 2023
1261 posts
Posted on 2/11/26 at 8:22 pm to
You’d rather the Star Chamber?
Posted by BR92
Member since Apr 2021
1043 posts
Posted on 2/11/26 at 8:23 pm to

quote:

Why did the Founders explicitly write Grand Juries into the Fifth Amendment?


A preliminary check on prosecutorial power.
Posted by NIH
Member since Aug 2008
120901 posts
Posted on 2/11/26 at 8:28 pm to
The only DOJ that can’t indict a ham sandwhich
Posted by VoxDawg
Glory, Glory
Member since Sep 2012
76099 posts
Posted on 2/11/26 at 8:30 pm to
It doesn't help that the Marc Eliases of the Beltway are essentially training prospective jurors in the lawfare pathways of jury nullification...
Posted by boosiebadazz
Member since Feb 2008
84877 posts
Posted on 2/11/26 at 8:31 pm to
I’ll accept these no true bills are in blue enclaves but I can’t help but wonder if that’s somewhat of a canary in a coal mine regarding a larger political shift like we saw in the recent Texas race.
Posted by KCT
Psalm 23:5
Member since Feb 2010
47764 posts
Posted on 2/11/26 at 8:33 pm to
quote:

Especially when that central authority is wielded and embodied by one person making a decision to prosecute.


Like Merrick Garland?
Posted by boosiebadazz
Member since Feb 2008
84877 posts
Posted on 2/11/26 at 8:38 pm to
Sure, he was a prosecutor. Did he have any cases declined by a grand jury?
Posted by BigTigerJoe
Member since Aug 2022
12159 posts
Posted on 2/11/26 at 8:40 pm to
Grand Juries have become weaponized against MAGA and anyone taking on the corrupt establishment.

There needs to be a change in venue where the empaneled are 90% Demrats.

A check and balance mechanism of a grand jury has been exploited and is being used against political opponents.
Posted by NIH
Member since Aug 2008
120901 posts
Posted on 2/11/26 at 8:46 pm to
Midterms will be ugly. No question about it.
Posted by boosiebadazz
Member since Feb 2008
84877 posts
Posted on 2/11/26 at 8:50 pm to
Why is it not prosecutors overreaching to charge?
Posted by the808bass
The Lou
Member since Oct 2012
127088 posts
Posted on 2/11/26 at 9:06 pm to
They had no idea how dumb lawyers would get.
Posted by weagle1999
Member since May 2025
2369 posts
Posted on 2/11/26 at 9:07 pm to
quote:

I don’t need the opinions of law professors. I need the opinions of liquor salesmen who style themselves as constitutional conservatives


Posted by boosiebadazz
Member since Feb 2008
84877 posts
Posted on 2/11/26 at 9:08 pm to
agreed
Posted by KCT
Psalm 23:5
Member since Feb 2010
47764 posts
Posted on 2/11/26 at 9:08 pm to
quote:

Why is it not prosecutors overreaching to charge?


So, you weren't worried about this for 4 years but now you are?

Geez, I wonder what's different now?
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