Whether the Fifth Amendment's Grand Jury Clause — given the founding-era understanding as shown by the history of the grand jury, the instructions of sitting Justices to the first federal grand juries, and contemporaneous legal authorities — requires a standard of proof higher than probable cause for a federal grand jury to return an indictment.

Whether the Eighth Circuit erred in holding that the Fifth Amendment permits a grand jury to indict on a finding of probable cause — contravening the original public understanding of the Grand Jury Clause — by treating as binding the dicta of later decisions of this Court rather than applying this Court's directive to construe constitutional guarantees in accordance with their founding-era meaning.

Whether the Fifth Amendment's Grand Jury Clause requires a standard of proof higher than probable cause for a federal grand jury to return an indictment, based on the founding-era understanding of the grand jury and original public meaning of the constitutional text.