Reading Room Document
Grand jury requirement in District of Columbia
The document discusses the requirement for indictment by a grand jury for capital or otherwise infamous crimes in the District of Columbia. It concludes that under the Fifth Amendment, such offenses must be prosecuted by indictment for capital or otherwise infamous offenses. The document also addresses the legislative powers of Congress for the District of Columbia and the applicability of the Due Process Clause of the Fifth Amendment to Congressional legislation for the District. The questions presented for review include Congress's ability to establish District Courts that do not fall under Article III and whether the proposed court would fall under Article III because of its jurisdiction.
The OLC's Opinions
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