Roman Constitution

Senate

The Roman senate was the most permanent of all of Rome's political institutions. It was probably founded before the first king of Rome ascended the throne. It survived the fall of the Roman Kingdom in 510 BC, the fall of the Roman Republic in 27 BC, and the fall of the Roman Empire in 476 AD. Modern legislative bodies, such as the United States Senate and the United Kingdom's House of Lords, are modeled after the Roman senate.

The power of the senate waxed and waned throughout its history. During the days of the kingdom, it was little more than an advisory council to the king. The last king of Rome, the tyrant Tarquin Superbus, was overthrown following a coup’ d’état that was planned in the senate.

During the early republic, the senate was politically weak. During these early years, the executive magistrates were quite powerful. The transition from monarchy to constitutional rule was probably more gradual than the legends suggest. Thus, it took a prolonged weakening of these executive magistrates before the senate was able to assert its authority over those magistrates. By the middle republic, the senate reached the apex of its republican power. This occurred because of the convergence of two factors that calmed the struggle for constitutional dominance. The plebeians (common people) had recently achieved full political enfranchisement. Therefore, they were not as aggressive as they had been during the early republic in pushing for radical reforms. In addition, the period was marked by prolonged warfare against foreign enemies. The result was that both the popular assemblies and the executive magistrates deferred to the collective wisdom of the senate. The late republic saw a decline in the senate's power. This decline began following the reforms of the radical tribunes Tiberius and Gaius Gracchus. The declining influence of the senate during this era was, in large part, caused by the class struggles that had dominated the early republic. The end result was the overthrow of the republic, and the creation of the Roman Empire.

The senate of the very early Roman Empire was as weak as it had been during the late republic. However, after the transition from republic to empire was complete, the senate arguably held more power than it had held at any previous point. All constitutional powers (legislative, executive and judicial) had been transferred to the senate. However, unlike the senate of the republic, the senate of the empire was dominated by the emperor. It was through the senate that the emperor exercised his autocratic powers. By the late principate, the senate's power had declined into near-irrelevance. It never again regained the power that it had held before that point.

Much of the surviving literature from the imperial period was written by senators. To a large degree, this demonstrates the strong cultural influence of the senate, even during the late empire. The institution survived the fall of the Empire in the West. It even enjoyed a modest revival as imperial power was reduced to a government of Italy only. The senatorial class was severely affected by the Gothic wars. The Senate's last recorded acts were the dispatch of two ambassadors to the Imperial court of Tiberius II Constantine at Constantinople in 578 and 580.

Legislative Assemblies

Most modern legislative assemblies are bodies consisting of elected representatives. Their members typically propose and debate bills. These modern assemblies use a form of representative democracy. In contrast, the Roman assemblies of the Roman Republic used a form of direct democracy. The assemblies were bodies of ordinary citizens, rather than elected representatives. In this regard, bills voted on (called plebiscites) were similar to modern popular referenda.

Unlike many modern assemblies, Roman assemblies were not bicameral. That is to say that bills did not have to pass both major assemblies in order to be enacted into law. In addition, no other branch had to ratify a bill in order for it to become law. The arrangement is similar to what exists in many countries today. In modern countries, referenda become law after they are passed by a majority of voters. The need for another governmental institution to ratify this popular decision usually doesn't exist.

Members also had no authority to introduce bills for consideration. Only executive magistrates could introduce new bills. This arrangement is also similar to what is found in many modern countries. Usually, ordinary citizens cannot propose new laws for their enactment by a popular election.

Unlike many modern assemblies, the Roman assemblies had judicial functions, due to the fact that the Roman Republic didn't have a formalized court system.

While one can speak of a "legislative branch" of the Roman Constitution, the "legislative branch" (like everything else in the unwritten Roman constitution) existed de facto. One can speak of two primary legislative assemblies, and as a rough approximation, this is a correct interpretation. One can also speak of two minor legislative assemblies, and as a rough approximation, this is also a correct interpretation. However, unlike modern legislative assemblies, the Roman assemblies never existed as formalized legal institutions. They only existed because magistrates called the citizens to a common meeting place, presented a matter to be voted upon, and held a vote. As described below (see the discussion on the Comitia, Conventio, and Concilium), there were many ways that groups of citizens could organize themselves for various purposes. Thus, one should not assume that any particular Roman assembly (not even a "major" assembly) was more formal or fixed into existence than it truly was.

Executive Magistrates

Under the Constitution of the Roman Republic, the "executive branch" was composed of both ordinary as well as extraordinary magistrates. Each ordinary magistrate would be elected by one of the two major Legislative Assemblies of the Roman Republic. The principle extraordinary magistrate, the dictator, would be appointed upon authorization by the Senate of the Roman Republic. Most magistrates were elected annually for a term of one year. The terms for all annual offices would begin on New Year's Day, and end on the last day of December.

The two highest ranking ordinary magistrates, the consuls and praetors, held a type of authority called imperium (Latin for "command"). Imperium allowed a magistrate to command a military force. Consuls held a higher grade of imperium than praetors.

Consuls and praetors, as well as censors and curule aediles, were regarded as "curule magistrates". They would sit on a curule chair, which was a symbol of state power. They where attended by bodyguards called lictors. The lictors would carry fasces. The fasces, which consisted of a rod with an embedded axe, were symbols of the coercive power of the state.

Censors had some of the privileges that consuls and praetors had, such as the ability to sit on a curule chair. While they did not have imperium, their office was considered to be even more prestigious than the consulship. This was partly due to the fact that they had more influence over the day-to-day life of the average Roman than did any of the other magistrates.

Quaestors and curule aediles had more limited authority and prestige. However, these offices were often used to prepare an ambitious citizen for future high office.

Plebeian tribunes were not officially "magistrates", but rather representatives of the People of Rome. Since they were considered to be the embodiment of the People of Rome, their office and their person were considered sacrosanct. It was considered to be a capital offense to harm a tribune, to attempt to harm a tribune, or to attempt to obstruct a tribune in any way. All other powers of the tribunate derived from this sacrosanctity. The tribunes were assisted by plebeian aediles.

In an emergency, a dictator would be appointed. Sometimes, but not always, these appointments would occur during an extreme military emergency. However, events as routine as the need to hold an election would often be enough to mandate the appointment of a dictator. A newly appointed dictator would usually select a deputy, known as the "Magister Equitum" ("Master of the Horse"). Both the dictator and his master of the horse were extraordinary magistrates, and they both held imperium. In addition, both individuals would sit on a curule chair, and both would be attended by lictors. The dictator's imperium was of the same grade as a consul. The master of the horse would hold a grade of imperium equivalent to that of a praetor. In practice, the dictator functioned as a consul without any constitutional checks on his power. The master of the horse would function as a praetor who could only be legally restrained by the dictator.

Roman Constitution Series

• Constitution of the Roman Kingdom
• Constitution of the Roman Republic
• Constitution of the Roman Empire

Roman Kingdom

• Senate of the Roman Kingdom
• Legislative Assemblies of the Roman Kingdom
• Executive Magistrates of the Roman Kingdom

Roman Republic

• Senate of the Roman Republic
• Legislative Assemblies of the Roman Republic
• Executive Magistrates of the Roman Republic

Roman Empire

• Senate of the Roman Empire
• Legislative Assemblies of the Roman Empire
• Executive Magistrates of the Roman Empire

See Also

• Roman Republic
• Roman Law
• Plebeian Council
• Centuria
• Curia
• Roman consul
• Praetor
• Roman censor
• Quaestor
• Aedile
• Roman Dictator
• Master of the Horse
• cursus honorum

References

• Byrd, Robert (1995). The Senate of the Roman Republic. U.S. Government Printing Office. Senate Document 103-23

• Lintott, Andrew (1999). The Constitution of the Roman Republic. Oxford University Press. ISBN 0-19-926108-3

• Taylor, Lily Ross (1966). Roman Voting Assemblies: From the Hannibalic War to the Dictatorship of Caesar. The University of Michigan Press. ISBN 0-472-08125-X

Further reading

• Ihne, Wilhelm. Researches Into the History of the Roman Constitution. William Pickering. 1853.
• Johnston, Harold Whetstone. Orations and Letters of Cicero: With Historical Introduction, An Outline of the Roman Constitution, Notes, Vocabulary and Index. Scott, Foresman and Company. 1891.
• Mommsen, Theodor. Roman Constitutional Law. 1871-1888
• Tighe, Ambrose. The Development of the Roman Constitution. D. Apple & Co. 1886.
• Von Fritz, Kurt. The Theory of the Mixed Constitution in Antiquity. Columbia University Press, New York. 1975.

External links

Primary sources

• Cicero's De Re Publica, Book Two
• Rome at the End of the Punic Wars: An Analysis of the Roman Government; by Polybius

Secondary source material

• Considerations on the Causes of the Greatness of the Romans and their Decline, by Montesquieu
• The Roman Constitution to the Time of Cicero
• What a Terrorist Incident in Ancient Rome Can Teach Us