Constitutional gatekeepers: The history and role of grand juries

In a healthy democracy, the people must check the government’s power to prosecute. As the executive branch increasingly tests the limits of its authority, the federal grand jury — a body of 16–23 everyday citizens — serves as a constitutional guardrail against abuses of power.

The role: A constitutional shield

The grand jury is a centerpiece of the Bill of Rights, designed by the Founders as an independent buffer between the state and the people. Grand juries have three key powers: 

• They have independent authority: A grand jury belongs to no branch of government. It is a randomly selected panel of laypeople, not politicians or legal professionals.
• They function as “gatekeepers”: Under the Fifth Amendment, no federal felony charge can proceed without a grand jury’s consent. If a grand jury says “no,” a prosecution stops in its tracks.
• They play a high stakes role in the justice system: Because an indictment can destroy a reputation or career, and because a grand jury’s decision is virtually unreviewable, the grand juror’s role is one of the most consequential in our democracy.

A grand juror’s five essential powers

To be an effective gatekeeper, a grand juror has the mandate to move from a passive observer to an active investigator:

1. Enforce “probable cause”: Jurors must ensure the government has “reasonably trustworthy information” — not just bare suspicion — to believe a crime was committed.
2. Scrutinize evidence: Jurors are not on the prosecution’s team. They must rigorously judge if the evidence is sufficient and credible before approving an indictment.
3. Request more evidence: Jurors do not have to accept “hearsay” or summaries. They have the power to request direct witnesses and original documents.
4. Question witnesses: Jurors are the exclusive judges of credibility. They have the right to question any witness and seek legal clarification from prosecutors.
5. Report misconduct: Prosecutors are advisors, not bosses. If they mislead or express personal opinions on guilt, jurors can report them directly to a supervising judge.

The “rubber stamp” era is over. Recent “no-bills” in high-profile and protest-related cases prove that when everyday citizens exercise their independent judgment, they successfully prevent the law from being weaponized against the people.