Richard W. Garnett (Notre Dame Law School) and Savannah Shoffner have posted The Original Meaning and Understanding of the Investigative Power of the Grand Jury in the Constitution of Alaska on SSRN. Here is the abstract:
The Alaska Constitution, correctly interpreted, would seem to protect the right of the grand jury to use its reporting power free of government interference in its role as public intermediary, the “official organ of public protest.” Neither the executive nor the courts should be permitted to decide what the people may protest about. The executive may assist the grand jury by bringing evidence to form the basis for an indictment. The judiciary may assist the grand jury by explaining the law and matters of procedure. But they may nowhere come between the citizen and the grand juror by screening out petitions.
Recommended.
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