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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.
Read the whole case, not just a small except. Learn to separate dicta from the holding.