[mnehring]

Regarding a Federal Grand Jury, it is Federal Rules of Criminal Procedure, Article III, Rule 6. Also, 28 U.S.C. § 1867 offers a provision to even nullify a bill (dismiss an indictment) by a Grand Jury if said Grand Jury was not properly seated in accordance to the Federal Rules of Criminal Procedure or didn’t meet other qualifications.

It is the basic definition of a Grand Jury, they are a function of a court, not just a generic group of people getting together to file a petition.

[rxsid]

That's the federal rule (which of course, a rule doesn't take precedence over the 5th Amendment) from 1946.

Can you cite, prior to 1946, by what authority Grand Jury's were convened?

Thanks.