Put the teeth back in our system of government as a first check and balance against abuse of the people by elected and appointed officials including Sheriffs, Justices of the Peace, and all the Judiciary or any other person getting a paycheck from government who has sworn an oath to obey, protect, and defend the Constitution against all enemies, foreign and DOMESTIC.
Only those who have something to hide would oppose this Grand Jury.
Read this followup article on the Montana Grand Jury.
November 10, 2009
The Office of Montana’s Secretary of State Has Accepted a Draft Ballot Initiative Seeking to Provide the Citizens of Montana the Ability to Summon Grand Juries By Petition
Stevensville, Montana, November 10, 2009 – The office of Montana’s Secretary of State (SOS) in Helena has accepted a ballot initiative, to be reviewed by the office of Legislative Services. This is the beginning stage of placing the initiative on the 2010 general election ballot.
This initiative has been labeled ‘Ballot Issue #18’ by the SOS, and is a Constitutional Initiative (CI), seeking to amend Montana’s Constitution, providing for the ability of the citizens to summon Grand Juries by petition.
Currently, the Montana Constitution only provides that a District Judge, at their discretion, may summon a Grand Jury. Article II, Section 20, Paragraph 2 states: “A grand jury shall consist of eleven persons, of whom eight must concur to find an indictment. A grand jury shall be drawn and summoned only at the discretion and order of the district judge.”
Serving as a ‘check and balance’ for the Constitutional Republic known as the United States, the Founders had preserved for the citizens, the right and ability to assure that the public servants kept their activities in line with the intent of the Constitution, and its Bill of Rights, which were ratified on December 15, 1791. The term Grand Jury is mentioned only in the 5th amendment to the United States Constitution. It is meant to be a right retained by the people. It is a citizen function, not a government function, as the public has been lead to believe.
What do the courts have to say?
“An independent grand jury is to stand between the prosecutor and the accused, and to determine whether a charge is legitimate, or is dictated by malice or personal ill will.”
”Hale v. Henkel, 201 U.S. 43 (1906)
The Supreme Court states that the independent grand jury’s purpose is not only to investigate possible criminal conduct, but to act as a “protector of citizens against arbitrary and oppressive governmental action,” and to perform its functions; the independent grand jury “deliberates in secret and may determine alone the course of its inquiry.”
United States v. Calandra, 414 U.S. 338 (1974)
Article IV, Section 4 of The United States Constitution says: “The United States shall guarantee to every State in this Union a Republican Form of Government …” And, Montana is this form of government. As such, the Montana Constitution states in Section 1: “Popular sovereignty. All political power is vested in and derived from the people. All government of right originates with the people, is founded upon their will only, and is instituted solely for the good of the whole.”
And, in Section 2: “Self-government. The people have the exclusive right of governing themselves as a free, sovereign, and independent state. They may alter or abolish the constitution and form of government whenever they deem it necessary.”
The Founders’ intended for the sovereign citizens to ‘lend’ the public servants their specific duties. Among these is the preservation of constitutionally protected rights. The servants are not in a position, and do not have the ability to take away these sovereign, constitutionally secured rights and powers of the people.
Amending Montana’s Constitution as indicated will serve to restore the Founders’ intent, at the state level, regarding the position of, and political responsibilities required by, the citizenry.
See related articles here:
LEGAL NOTICE: The Authors specifically invoke the First Amendment rights of freedom of speech and of the press, without prejudice, on this website. The information posted on this website is published for informational purposes only under the rights guaranteed by the First Amendment of the Constitution for the United States of America. Images, text and logic are copyright protected. ALL rights are explicitly reserved without prejudice, and no part of this website may be reproduced unless by written consent. You hereby have written consent to post any individual post from this website containing this copyright to any other blog or email only if you post the whole and unaltered article including this copyright, and give proper credit to the author, and a link back to this blog at http://www.paulstramer.net/. This applies only to articles written by Paul Stramer. ©2005-2009 by Montana Business Communications (PDS) All rights remain in force. Removing this notice forfeits all rights to recourse. Copyright strictly enforced © The videos are third party and not covered by this legal notice.
Are you looking for Solutions for America in Distress
You are in the right place to find out about what is really going on behind the scenes in the patriot movement in America, including solutions from Oathkeepers, Anna Von Reitz, Constitutional Sheriffs, Richard Mack, and many more people who are leading the charge to restore America to freedom and peace. Please search on the right for over 3300 articles.
You will find some conflicting views from some of these authors. You will also find that all the authors are deeply concerned about the future of America. What they write is their own opinion, just as what I write is my own. If you have an opinion on a particular article, please comment by clicking the title of the article and scrolling to the box at the bottom on that page. Please keep the discussion about the issues, and keep it civil. The administrator reserves the right to remove unwarranted personal attacks. Use the golden rule; "Do unto others as you would have them do unto you." Do not attempt to comment using the handle "Unknown". Your comment will be summarily deleted. Additionally we do not allow comments with advertising links in them for your products.