Opinion | The last line of defense: We the people as a check on government power

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Our founding fathers viewed government as a “necessary evil” and designed the Constitution to prevent a concentration of power that inevitably leads to tyranny. Regrettably, the current Departments of Justice (DOJ) and Homeland Security (DHS) increasingly ignore the Constitution, undermining the specific checks intended to constrain our government and protect us.

This administration has repeatedly bypassed the First Amendment by coercively pressuring media to silence critical coverage — with the president even suggesting such criticism is “illegal.” Lawful protesters have faced assault and detention, while the Second Amendment has been selectively applied to imply that the right to bear arms is a privilege reserved for the president’s supporters. Furthermore, DHS instructions to ICE officers to enter homes without judicial warrants represent a direct assault on the Fourth Amendment’s prohibition against unreasonable searches. Sadly, there are many more examples.

Wisely, the founders, fearing the possibility of re-emerging tyranny, denied the government the unilateral authority to charge or convict citizens of serious crimes. Instead, they vested this power in the people through the grand jury and jury trial system.

The Fifth Amendment’s grand jury requirement serves as a vital gatekeeper. Before the DOJ can upend a citizen’s life with a felony charge, it must first convince a grand jury — a group of ordinary citizens — that “probable cause” exists to believe a crime was committed. The grand jury is a ”shield” against the “overzealous prosecutor,” preventing the legal system from being used as a political weapon or a tool of harassment. When the DOJ erodes the spirit of this process, it removes one of the final barriers between the individual and government overreach.

Both of us authors have appeared before and supervised hundreds of grand juries during our careers. Several of them involved the most complex criminal fraud cases in the history of Minnesota. We learned that the best grand jurors were the ones who carefully examined and sometimes openly questioned the government’s proof. They spoke up when they thought the government was wrong, and they valued the secrecy of their deliberations and votes. Our founders would have been proud of their independence and dedication to finding the truth.

The American public must have confidence that the grand jury remains an independent body of citizens, not an “illegitimate” extension of the executive branch, seeking to gloss over unconstitutional actions by government actors. It is the duty of any person summoned to serve on a grand jury to preserve the grand jury’s independence by applying the law, not rubber-stamping government overreach. This will be especially critical if the DOJ seeks to bring criminal charges against peaceful Minneapolis protesters engaged in lawful First Amendment activities.

If the grand jury is the shield, the Sixth Amendment’s right to a jury trial is the anchor of liberty. Thomas Jefferson famously remarked, “I consider [trial by jury] as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.” The genius of the jury trial is that it forces the government to explain its actions to 12 ordinary people, preventing the executive branch from becoming the sole arbiters of justice.

Juries ensure accountability by forcing the government to prove its case beyond a reasonable doubt to people who do not work for the government. Juries reflect community standards, interpreting the law by applying common sense and local values. Most important, a jury serves as a check on government overreach; it has the inherent power to reject a morally or constitutionally bankrupt prosecution, allowing citizens to vote their conscience.

The founders feared a future government would view the Bill of Rights as an obstacle to be managed rather than a sacred boundary. By requiring the state to “go through the People,” they ensured sovereignty remains with us. Protecting these processes is not a mere legal formality; it is the essential act of preserving the republic. The Constitution is not self-executing — it requires our active participation. The grand jury and trial jury are the only venues where we can directly halt government overreach in its tracks. When we are called to serve, we hold the ultimate power to ensure that justice is not just a concept, but a reality.