constitution of the roman republic

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Constitution of the RomanRepublic


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Contents

Articles

Constitution of the Roman Republic 1

History 10

Senate 25

Legislative Assemblies 31

Executive Magistrates 38

References

Article Sources and Contributors 47

Image Sources, Licenses and Contributors 48

Article Licenses

License 49


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Constitution of the Roman Republic

Ancient Rome

This article is part of a series on the

politics and government of

Ancient Rome

Periods

Roman Kingdom

753509 BC Roman Republic

50927 BC

Roman Empire

27 BC AD 476

Principate

Western Empire

Dominate

Eastern Empire

Roman Constitution

Constitution of the Kingdom

Constitution of the Republic

Constitution of the Empire

Constitution of the Late Empire

History of the Roman Constitution

Senate

Legislative Assemblies

Executive Magistrates

Ordinary magistrates

Consul

Praetor

Quaestor

Promagistrate

Aedile

Tribune

Censor

Governor

Extraordinary magistrates

Dictator

Magister Equitum

Consular tribune

Rex

Triumviri

Decemviri

Titles and honours

Emperor
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Legatus Magister militum

Dux Imperator

Officium Princeps senatus

Praefectus Pontifex Maximus

Vicarius Augustus

Vigintisexviri Caesar

Lictor Tetrarch

Precedent and law

Roman law

Imperium

Mos maiorum

Collegiality

Auctoritas

Roman citizenship

Cursus honorum

Senatus consultum

Senatus consultum ultimum

Other countries Atlas

Ancient Rome portal

v t e[1]

The Constitution of the Roman Republic was a set of guidelines and principles passed down mainly through

precedent.[2]

The constitution was largely unwritten and uncodified, and evolved over time. Rather than creating a

government that was primarily a democracy (as was ancient Athens), an aristocracy (as was ancient Sparta), or a

monarchy (as was Rome before and, in many respects, after the Republic), the Roman constitution mixed these three

elements, thus creating three separate branches of government.[3]

The democratic element took the form of the

legislative assemblies, the aristocratic element took the form of the Senate, and the monarchical element took the

form of the many term-limited consuls.[4]

The ultimate source of sovereignty in this ancient republic, as in modern republics, was the demos (people).[5]

The

people of Rome gathered into legislative assemblies to pass laws and to elect executive magistrates.[6]

Election to a

magisterial office resulted in automatic membership in the Senate (for life, unless impeached).[7]

The Senate

managed the day-to-day affairs in Rome, while senators presided over the courts.[8]

Executive magistrates enforced

the law, and presided over the Senate and the legislative assemblies.[9]

A complex set of checks and balances

developed between these three branches, so as to minimize the risk of tyranny and corruption, and to maximize the

likelihood of good government. However, the separation of powers between these three branches of government wasnot absolute; and moreover, several constitutional devices that were out of harmony with the Roman constitution

were used frequently.[10]

A constitutional crisis began in 133 BC, as a result of the struggles between the aristocracy

and the common people.[11]

This crisis ultimately led to the collapse of the Roman Republic and its eventual

subversion into a much more autocratic form of government, the Roman Empire.[12]

Constitutional history (509133 BC)

At one time, Rome had been ruled by a succession of kings.[13]

The Romans believed that this era, that of the Roman

Kingdom, began in 753 BC, and ended in 510 BC. After the overthrow of the monarchy, and the establishment of the

Roman Republic, the people of Rome began electing two Roman consuls each year.[14]

In 501 BC, the office of

"Roman Dictator" was created. In the year 494 BC, the plebeians (commoners) seceded to the Mons Sacer, and

demanded of the patricians (the aristocrats) the right to elect their own officials.[15][16]

The Patricians agreed, and the
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plebeians ended their secession. The plebeians called these new officials "Plebeian Tribunes", and gave these

tribunes two assistants, called "Plebeian Aediles".[17]

In 449 BC, the Senate promulgated the Twelve Tables as the centerpiece of the Roman Constitution. In 443 BC, the

office of "Roman Censor" was created,[18]

and in 367 BC, plebeians were allowed to stand for the Consulship. The

opening of the Consulship to the plebeian class implicitly opened both the Censorship as well as the Dictatorship to

plebeians.

[19]

In 366 BC, in an effort by the patricians to reassert their influence over the magisterial offices, twonew offices were created. While these two offices, the Praetorship and the Curule Aedileship, were at first open only

to patricians, within a generation, they were open to plebeians as well.

Beginning around the year 350 BC, the senators and the Plebeian Tribunes began to grow closer. The senate began

giving tribunes more power, and, unsurprisingly, the tribunes began to feel indebted to thesenate. As the tribunes

and the senators grew closer, plebeian senators began to routinely secure the office of tribune for members of their

own families.[20]

Also around the year 350 BC, the Plebeian Council (popular assembly) enacted a significant law

(the "Ovinian Law") which transferred, from the consuls to the Censors, the power to appoint new senators. This law

also required the Censors to appoint any newly elected magistrate to the senate, which probably resulted in a

significant increase in the number of plebeian senators.[21]

This, along with the closeness between the Plebeian

Tribunes and the senate, helped to facilitate the creation of a new plebeian aristocracy. This new Plebeian aristocracy

soon merged with the old patrician aristocracy, creating a combined "patricio-plebeian" aristocracy.[22]

The old

aristocracy existed through the force of law, because only patricians had been allowed to stand for high office. Now,

however, the new aristocracy existed due to the organization of society, and as such, this order could only be

overthrown through a revolution.[23]

In 287 BC, the plebeians seceded to the Janiculum hill. To end the secession, a law (the "Hortensian Law") was

passed, which ended the requirement that the patrician senators consent before a bill could be brought before the

Plebeian Council for a vote.[24]

This was not the first law to require that an act of the Plebeian Council have the full

force of law (over both plebeians and patricians),[25]

since the Plebeian Council had acquired this power in 449 BC.

The ultimate significance of this law was in the fact that it robbed the patricians of their final weapon over the

plebeians. The result was that the ultimate control over the state fell, not onto the shoulders of democracy, but onto

the shoulders of the new patricio-plebeian aristocracy.[26]

The Hortensian Law resolved the last great political

question of the earlier era, and as such, no important political changes occurred over the next 150 years (between 287

BC and 133 BC).[27]

The critical laws of this era were still enacted by the senate.[28]

In effect, the democracy was

satisfied with the possession of power, but did not care to actually use it.

Senate

Representation of a sitting of the Roman Senate:

Cicero accuses Catiline. From a 19th-century

fresco

The Roman Senate was a political institution in the Roman Republic.

The Roman senate's authority derived from precedent, custom, and the

personal moral example of the senators.[29] The Senate's principal role

was as an advisory council to the two Roman consuls on matters of

foreign and military policy,[30]

and as such, it exercised a great deal of

influence over consular decision-making. The senate also managed

civil administration within the city. For example, only the senate could

authorize the appropriation of public monies from the treasury, unless a

consul demanded it. In addition, the senate would try individuals

accused of political crimes (such as treason). The senate passed

decrees, which were called senatus consulta (singular senatus

consultum. While this was officially "advice" from the senate to a magistrate, the senatus consulta were usually

obeyed by the magistrates.[31] If a senatus consultum conflicted with a law that was passed by a popular assembly,

the law overrode the senatus consultum.[32]
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Meetings could take place either inside or outside of the formal boundary of the city (the pomerium), and were

usually presided over by a consul.[33]

Meetings were suffused in religious ritual; Temples were a preferred meeting

site and auspices would be taken before the meeting could commence. The presiding consul began each meeting

with a speech on an issue,[34]

and then referred the issue to the senators, who discussed the matter by order of

seniority.[35]

Unimportant matters couldbe voted on by a voice vote or by a show of hands, while important votes

resulted in a physical division of the house, with senators voting by taking a place on either side of the chamber. Any

vote was always between a proposal and its negative.[36]

Since all meetings had to end by nightfall, a senator could

talk a proposal to death (a filibuster) if he could keep the debate going until nightfall. Any proposed motion could be

vetoed by a tribune,[37]

and if it was not vetoed, it was then turned into a final senatus consultum. Each senatus

consultum was transcribed into a document by the presiding magistrate, and then deposited into the building that

housed the treasury.


The Roman assemblies were political institutions in the Roman Republic. There were two types of Roman assembly.

The first was theCommittee,[38]

which was an assembly of all Roman citizens.[39]

Here, Roman citizens gathered to

enact laws, electmagistrates, and try judicial cases. The second type of assembly was the Council, which was an

assembly of a specific group of citizens. For example, the "Plebeian Council" was an assembly where plebeians

gathered to elect Plebeian magistrates, pass laws that applied only to Plebeians, and try judicial cases concerning

Plebeians.[40]

A "convention", in contrast, was an unofficial forum for communication, where citizens gathered to

debate bills, campaign for office, and decide judicial cases. The voters first assembled into conventions to deliberate,

and then they assembled into committees or councils to actually vote.[41]

In addition to the Curia (familial

groupings), Roman citizens were also organized into "Centuries" (for military purposes) and "Tribes" (for civil

purposes). Each gathered into an assembly for legislative, electoral, and judicial purposes. The Century Assembly

was the assembly of the Centuries, while the Tribal Assembly was the assembly of the Tribes. Only a bloc of voters

(Century, Tribe or Curia), and not the individual electors, cast the formal vote (one vote per bloc) before the

assembly.[42] The majority of votes in any Century, Tribe, or Curia decided how that Century, Tribe, or Curia voted.

The Century Assembly was divided into 193 (later 373) Centuries, with each Century belonging to one of three

classes: the officer class, the enlisted class, and the unarmed adjuncts.[43][44]

During a vote, the Centuries voted, one

at a time, by order of seniority. The president of the Century Assembly was usually a consul. Only the Century

Assembly could elect consuls, Praetors, and Censors; only it could declare war;[45]

only it could ratify the results of a

census.[46]

While it had the power to pass ordinary laws, it rarely did so.

Chart showing the checks and balances of the Constitution of the

Roman Republic

The organization of the Tribal Assembly was much

simpler than the Century Assembly, since its

organization was based on the thirty-five Tribes. The

Tribes were not ethnic or kinship groups, but rathergeographical divisions (similar to modern electoral

districts or constituencies).[47]

The president of the

Tribal Assembly was usually the

consulWikipedia:Please clarify, and under his

presidency, the assembly elected Quaestors, Curule

Aediles, and Military Tribunes.[48]

While it had the

power to pass ordinary laws, it rarely did so. The

assembly known as the "Plebeian Council" was

identical to the Tribal Assembly with one key

exception: only plebeians (the commoners) had the power to vote before it. Members of the aristocratic patrician

class were excluded from this assembly. In contrast, both classes were entitled to a vote in the Tribal Assembly.
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Under the presidency of a Plebeian Tribune, the Plebeian Council elected Plebeian Tribunes and Plebeian Aediles,

enacted laws called "plebiscites", and presided over judicial cases involving Plebeians.


The Roman Magistrates were elected officials of the Roman Republic. Each Roman magistrate was vested with a

degree of power.[49] dictators had the highest level of power. After the dictator was the censor, and then the

consul[citation needed]

, and then the Praetor, and then the Curule Aedile, and finally the Quaestor. Each magistrate

could only veto an action that was taken by a magistrate with an equal or lower degree of power. Since Plebeian

Tribunes (as well as "Plebeian Aediles") were technically not magistrates,[50]

they relied on the sacrosanctity of their

person to obstruct. If one did not comply with the orders of a Plebeian Tribune, the tribune could 'interpose the

sacrosanctity of his person (intercessio) to physically stop that particular action. Any resistance against the tribune

was considered to be a capital offense.

The most significant constitutional power that a magistrate could hold was that of "Command" (Imperium), which

was held only by consuls and Praetors. This gave a magistrate the constitutional authority to issue commands

(military or otherwise).

Once a magistrate's annual term in office expired, he had to wait ten years before serving in that office again. Since

this did create problems for some magistrates, these magistrates occasionally had their command powers extended,

which, in effect, allowed them to retain the powers of their office as a Promagistrate.[51]

The consulWikipedia:Please clarify of the Roman Republic was the highest ranking ordinary magistrate.[52]

Two

consuls were elected every year, and they had supreme power in both civil and military matters. Throughout the

year, one consul was superior in rank to the other consul, and this ranking flipped every month, between the two

consuls.[53]

Praetors administered civil law, presided over the courts, and commanded provincial armies.[54]

Another

magistrate, the censor, conducted a census, during which time they could appoint people to the senate.[55]

Aediles

were officers elected to conduct domestic affairs in Rome, and were vested with powers over the markets, and over

public games and shows.[56]

Quaestors usually assisted the Consuls in Rome, and the governors in the provinces withfinancial tasks. Two other magistratesWikipedia:Cleanup, the Plebeian Tribunes and the Plebeian Aediles, were

considered to be the representatives of the people. Thus, they acted as a popular check over the senate (through their

veto powers), and safeguarded the civil liberties of all Roman citizens.

Gaius Gracchus, tribune of the people, presiding

over the Plebeian Council

In times of military emergency, a "dictator" was appointed for a term

of six months.[57]

Constitutional government dissolved, and the

dictator became the absolute master of the state.[58]

The Dictator then

appointed a "Master of the Horse" to serve as his most senior

lieutenant.[59]

Often the dictator resigned his office as soon as the

matter that caused his appointment was resolved. When the dictator's

term ended, constitutional government was restored. The last ordinary

dictator was appointed in 202 BC. After 202 BC, extreme emergencies

were addressed through the passage of the decree senatus consultum

ultimum ("ultimate decree of the senate"). This suspended civil

government, declared martial law,[60]

and vested the consuls with dictatorial powers.
http://en.wikipedia.org/w/index.php?title=Martial_lawhttp://en.wikipedia.org/w/index.php?title=Senatus_consultum_ultimumhttp://en.wikipedia.org/w/index.php?title=Senatus_consultum_ultimumhttp://en.wikipedia.org/w/index.php?title=Master_of_the_Horse%23Magister_Equitum_%28Ancient_Rome%29http://en.wikipedia.org/w/index.php?title=File%3AGaius_Gracchus_Tribune_of_the_People.jpghttp://en.wikipedia.org/w/index.php?title=Gaius_Gracchushttp://en.wikipedia.org/w/index.php?title=Aedilehttp://en.wikipedia.org/w/index.php?title=Plebeian_Tribuneshttp://en.wikipedia.org/wiki/Cleanuphttp://en.wikipedia.org/w/index.php?title=Quaestorhttp://en.wikipedia.org/w/index.php?title=Aedilehttp://en.wikipedia.org/w/index.php?title=Censushttp://en.wikipedia.org/w/index.php?title=Praetorshttp://en.wikipedia.org/wiki/Please_clarifyhttp://en.wikipedia.org/w/index.php?title=Roman_consulhttp://en.wikipedia.org/w/index.php?title=Promagistratehttp://en.wikipedia.org/w/index.php?title=Executive_Magistrates_of_the_Roman_Republic%23Annual_Termshttp://en.wikipedia.org/w/index.php?title=Imperiumhttp://en.wikipedia.org/w/index.php?title=Plebeian_Aedilehttp://en.wikipedia.org/w/index.php?title=Plebeian_Tribuneshttp://en.wikipedia.org/w/index.php?title=Plebeian_Tribuneshttp://en.wikipedia.org/w/index.php?title=Quaestorhttp://en.wikipedia.org/w/index.php?title=Aedilehttp://en.wikipedia.org/w/index.php?title=Praetorhttp://en.wikipedia.org/wiki/Citation_neededhttp://en.wikipedia.org/w/index.php?title=Roman_consulhttp://en.wikipedia.org/w/index.php?title=Roman_censorhttp://en.wikipedia.org/w/index.php?title=Roman_dictatorhttp://en.wikipedia.org/w/index.php?title=Roman_Republichttp://en.wikipedia.org/w/index.php?title=Plebiscitehttp://en.wikipedia.org/w/index.php?title=Aedilehttp://en.wikipedia.org/w/index.php?title=Tribune


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Constitutional instability (13349 BC)

By the middle of the 2nd century BC, the economic situation for the average plebeian had declined significantly.[61]

The long military campaigns had forced citizens to leave their farms to fight, only to return to farms that had fallen

into disrepair. The landed aristocracy began buying bankrupted farms at discounted prices, creating a situation that

made it impossible for the average farmer to operate his farm at a profit. Masses of unemployed plebeians soon

began to flood into Rome, and thus into the ranks of the legislative assemblies, where their economic status usually

led them to vote for the candidate who offered the most for them. A new culture of dependency was emerging, which

would look to any populist leader for relief.[62]

Cornelia, mother of the future Gracchi tribunes,

pointing to her children as her treasures

In 133 BC, Tiberius Gracchus was elected Plebeian Tribune, and

attempted to enact a law to distribute land to Rome's landless citizens.

Tiberius's law was vetoed by an aristocrat named Marcus Octavius. In

an attempt to force Octavius to capitulate, Tiberius tried to turn the

mob against Octavius by enacting a blanket veto over all governmental

functions, which, in effect, shut down the entire city and precipitated

rioting. While the land law was enacted, Tiberius was murdered when

he stood for reelection to the tribunate. In 123 BC, Tiberius' brother

Gaius was elected Plebeian Tribune. After passing a series of laws

which were intended to weaken the senate, Gaius Gracchus was

murdered by his supporters. The people, however, had finally realized

how weak the senate had become.

In 88 BC, an aristocratic senator named Lucius Cornelius Sulla was elected consul,[63]

and soon left for glory in the

east. When a tribune revoked Sulla's command of the war, Sulla brought his army back to Italy, marched on Rome,

secured the city, and left for the east again.[64]

In 83 BC he returned to Rome, and captured the city a second time.[65]

In 82 BC, he made himself dictator, and then used his status as dictator to pass a series of constitutional reforms that

were intended to strengthen the senate.[66]

In 80 BC he resigned his dictatorship, and by 78 BC he was dead. Whilehe thought that he had firmly established aristocratic rule, his own career had illustrated the fatal weakness in the

constitution: that it was the army, and not the senate, which dictated the fortunes of the state.[67]

In 70 BC, the

generals Pompey Magnus and Marcus Licinius Crassus were both elected consul, and quickly dismantled Sulla's

constitution.[68]

In 62 BC Pompey returned to Rome from battle in the east, but found the senate refusing to ratify the arrangements

that he had made. Thus, when Julius Caesar returned from his governorship in Spain in 61 BC, he found it easy to

make an arrangement with Pompey.[69]

Caesar and Pompey, along with Crassus, established a private agreement,

known as the First Triumvirate. Under the agreement, Pompey's arrangements were to be ratified, Crassus was to be

promised a future Consulship, and Caesar was to be promised the Consulship in 59 BC, and then the governorship of

Gaul (modern France) immediately afterwards. Caesar became consul in 59 BC, and, when his term as consul ended,

he took command of four provinces. Eventually, the triumvirate was renewed, and Caesar's term as governor was

extended for five years. In 54 BC, violence began sweeping the city.[70]

The triumvirate ended in 53 BC when

Crassus was killed in battle. In 50 BC, near the end of his term as governor, Caesar demanded the right to stand for

election to the Consulship in absentiaWikipedia:Please clarify. Without the protection afforded to him by the

Consulship or his army, he could be prosecuted for crimes he had committed. The senate refused Caesar's demand,

and in January 49 BC, the senate passed a resolution which declared that if Caesar did not lay down his arms by July

of that year, he would be considered an enemy of the republic.[71]

In response, Caesar quickly crossed the Rubicon

with his veteran army, and marched towards Rome. Caesar's rapid advance forced Pompey, the Consuls and the

senate to abandon Rome for Greece, and allowed Caesar to enter the city unopposed.
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The transition from Republic to Empire (4927 BC)

By 48 BC, after having defeated the last of his major enemies, Julius Caesar wanted to ensure that his control over

the government was undisputed.[72]

He assumed these powers by increasing his own authority, and by decreasing the

authority of Rome's other political institutions. Caesar held the office of Roman dictator, and alternated between the

Consulship (the chief-magistracy) and the Proconsulship (in effect, a military governorship). In 48 BC, Caesar was

given the powers of a Plebeian Tribune,[73] which made his person sacrosanct, gave him the power to veto the

Roman Senate, and allowed him to dominate the legislative process. In 46 BC, Caesar was given the powers of

censor, which he used to fill the senate with his own partisans. Caesar then raised the membership of the senate from

600 to 900,[74]

which robbed the senatorial aristocracy of its prestige, and made it increasingly subservient to him.[75]

Near the end of his life, Caesar began to prepare for a war against the Parthian Empire. Since his absence from Rome

would limit his ability to install his own consuls, he passed a law which allowed him to appoint all magistrates in 43

BC, and all consuls and Plebeian Tribunes in 42 BC.Wikipedia:Please clarify This, in effect, transformed the

magistrates from being representatives of the people, to being representatives of the dictator.

After Caesar was assassinated in 44 BC, Mark Antony formed an alliance with Caesar's adopted son and

great-nephew, Gaius Octavian. Along with Marcus Aemilius Lepidus, they formed an alliance known as the Second

Triumvirate,[76] and held powers that were nearly identical to the powers that Caesar had held under his constitution.

In effect, there was no constitutional difference between an individual who held the title of dictator and an individual

who held the title of "Triumvir". While the conspirators who had assassinated Caesar were defeated at the Battle of

Philippi in 42 BC, the peace that resulted was only temporary. Antony and Octavian fought against each other in one

last battle in 31 BC, at the Battle of Actium. Antony was defeated, and in 30 BC he committed suicide. In 29 BC,

Octavian returned to Rome as the unchallenged master of the state. He eventually enacted a series of constitutional

reforms, the most important of which occurred in 27 BC, which overthrew the old republic. The reign of Octavian,

whom history remembers as Augustus, the first Roman Emperor, marked the dividing line between the Roman

Republic and the Roman Empire. By the time this process was complete, Rome had completed its transformation

from a city-state with a network of dependencies into the capital of a world empire.[77]

Notes

[1] http:/ /en. wikipedia. org/w/index.php?title=Template:Politics_of_ancient_Rome& action=edit

[2][2] Byrd, 161

[3][3] Holland, 24

[4][4] Polybius

[5][5] Holland, 25

[6][6] Lintott, 40

[7][7] Abbott, 46

[8][8] Lintott, 65

[9][9] Byrd, 179

[10][10] Abbott, 44

[11][11] Abbott, 96

[12][12] Abbott, 133

[13][13] Holland, 1

[14][14] Holland, 2

[15][15] Abbott, 28

[16][16] Holland, 22

[17][17] Holland, 5

[18][18] Abbott, 37

[19][19] Abbott, 42

[20][20] Abbott, 45

[21][21] Abbott, 47

[22][22] Holland, 27[23][23] Abbott, 48

[24][24] Abbott, 52
http://en.wikipedia.org/w/index.php?title=Template:Politics_of_ancient_Rome&action=edithttp://en.wikipedia.org/w/index.php?title=Roman_Empirehttp://en.wikipedia.org/w/index.php?title=Roman_Emperorhttp://en.wikipedia.org/w/index.php?title=Augustushttp://en.wikipedia.org/w/index.php?title=Battle_of_Actiumhttp://en.wikipedia.org/w/index.php?title=Battle_of_Philippihttp://en.wikipedia.org/w/index.php?title=Battle_of_Philippihttp://en.wikipedia.org/w/index.php?title=Triumvirhttp://en.wikipedia.org/w/index.php?title=Second_Triumviratehttp://en.wikipedia.org/w/index.php?title=Second_Triumviratehttp://en.wikipedia.org/w/index.php?title=Marcus_Aemilius_Lepidus_%28triumvir%29http://en.wikipedia.org/w/index.php?title=Augustushttp://en.wikipedia.org/w/index.php?title=Mark_Antonyhttp://en.wikipedia.org/wiki/Please_clarifyhttp://en.wikipedia.org/w/index.php?title=Parthian_Empirehttp://en.wikipedia.org/w/index.php?title=Roman_censorhttp://en.wikipedia.org/w/index.php?title=Roman_Senatehttp://en.wikipedia.org/w/index.php?title=Plebeian_Tribunehttp://en.wikipedia.org/w/index.php?title=Proconsulhttp://en.wikipedia.org/w/index.php?title=Roman_consulhttp://en.wikipedia.org/w/index.php?title=Roman_dictatorhttp://en.wikipedia.org/w/index.php?title=Julius_Caesar


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[25][25] Abbott, 51

[26][26] Abbott, 53

[27][27] Abbott, 63

[28][28] Abbott, 66

[29][29] Cicero, 239

[30][30] Polybius, 133

[31][31] Byrd, 44

[32][32] Polybius, 136

[33][33] Polybius, 132

[34][34] Lintott, 78

[35][35] Byrd, 34

[36][36] Lintott, 83

[37][37] Holland, 26

[38][38] Lintott, 42

[39][39] Abbott, 251

[40][40] Lintott, 43

[41][41] Taylor, 2

[42][42] Taylor, 40

[43][43] Taylor, 85

[44][44] Cicero, 226[45][45] Abbott, 257

[46][46] Taylor, 3, 4

[47][47] Lintott, 51

[48][48] Taylor, 7

[49][49] Abbott, 151

[50][50] Abbott, 196

[51][51] Lintott, 113

[52][52] Byrd, 20

[53][53] Cicero, 236

[54][54] Byrd, 32

[55][55] Lintott, 119

[56][56] Byrd, 31

[57][57] Byrd, 24

[58][58] Cicero, 237

[59][59] Byrd, 42

[60][60] Abbott, 240

[61][61] Abbott, 77

[62][62] Abbott, 80

[63][63] Holland, 64

[64][64] Holland, 69

[65][65] Holland, 90

[66][66] Holland, 99

[67][67] Holland, 106

[68][68] Abbott, 109

[69][69] Abbott, 112[70][70] Abbott, 114

[71][71] Abbott, 115

[72][72] Abbott, 134

[73][73] Abbott, 135

[74][74] Abbott, 137

[75][75] Abbott, 138

[76] Goldsworthy,In the Name of Rome, p. 237

[77][77] Abbott, 129


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References

Abbott, Frank Frost (1901).A History and Description of Roman Political Institutions. Elibron Classics.

ISBN 0-543-92749-0.

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

103-23.

Cicero, Marcus Tullius (1841). The Political Works of Marcus Tullius Cicero: Comprising his Treatise on the

Commonwealth; and his Treatise on the Laws. vol. 1 (Translated from the original, with Dissertations and Notes

in Two Volumes By Francis Barham, Esq ed.). London: Edmund Spettigue.

Holland, Tom (2005).Rubicon: The Last Years of the Roman Republic. Random House Books.

ISBN 1-4000-7897-0.

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

Polybius (1823). The General History of Polybius: Translated from the Greek. Vol 2 (Fifth ed.). Oxford: Printed

by W. Baxter.

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 (1853).Researches Into the History of the Roman Constitution. William Pickering.

Johnston, Harold Whetstone (1891). Orations and Letters of Cicero: With Historical Introduction, An Outline of

the Roman Constitution, Notes, Vocabulary and Index. Scott, Foresman and Company.

Mommsen, Theodor (1888).Roman Constitutional Law.

Polybius. The Histories; Volumes 913. Cambridge Ancient History.

Tighe, Ambrose (1886). The Development of the Roman Constitution. D. Apple & Co.

Von Fritz, Kurt (1975). The Theory of the Mixed Constitution in Antiquity. Columbia University Press, New

York.Primary sources

Cicero's De Re Publica, Book Two (http://oll.libertyfund. org/?option=com_staticxt&staticfile=show.

php?title=546&chapter=83299&layout=html&Itemid=27)

Rome at the End of the Punic Wars: An Analysis of the Roman Government; by Polybius (http://www.fordham.

edu/HALSALL/ANCIENT/polybius6.html)

Secondary source material

Considerations on the Causes of the Greatness of the Romans and their Decline, by Montesquieu (http://mailer.

fsu.edu/~njumonvi/montesquieu_romans.htm)

The Roman Constitution to the Time of Cicero (http:/

/

www.

uah.edu/

student_life/

organizations/

SAL/

texts/misc/romancon.html)

What a Terrorist Incident in Ancient Rome Can Teach Us (http://www.nytimes.com/2006/09/30/opinion/

30harris.html?_r=1&oref=slogin)
http://www.nytimes.com/2006/09/30/opinion/30harris.html?_r=1&oref=sloginhttp://www.nytimes.com/2006/09/30/opinion/30harris.html?_r=1&oref=sloginhttp://www.uah.edu/student_life/organizations/SAL/texts/misc/romancon.htmlhttp://www.uah.edu/student_life/organizations/SAL/texts/misc/romancon.htmlhttp://mailer.fsu.edu/~njumonvi/montesquieu_romans.htmhttp://mailer.fsu.edu/~njumonvi/montesquieu_romans.htmhttp://www.fordham.edu/HALSALL/ANCIENT/polybius6.htmlhttp://www.fordham.edu/HALSALL/ANCIENT/polybius6.htmlhttp://oll.libertyfund.org/?option=com_staticxt&staticfile=show.php%3Ftitle=546&chapter=83299&layout=html&Itemid=27http://oll.libertyfund.org/?option=com_staticxt&staticfile=show.php%3Ftitle=546&chapter=83299&layout=html&Itemid=27http://en.wikipedia.org/w/index.php?title=Special:BookSources/0-472-08125-Xhttp://en.wikipedia.org/w/index.php?title=International_Standard_Book_Numberhttp://en.wikipedia.org/w/index.php?title=Special:BookSources/0-19-926108-3http://en.wikipedia.org/w/index.php?title=International_Standard_Book_Numberhttp://en.wikipedia.org/w/index.php?title=Special:BookSources/1-4000-7897-0http://en.wikipedia.org/w/index.php?title=International_Standard_Book_Numberhttp://en.wikipedia.org/w/index.php?title=Special:BookSources/0-543-92749-0http://en.wikipedia.org/w/index.php?title=International_Standard_Book_Number


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History 10

History

Ancient Rome

This article is part of a series on the

politics and government of

Ancient Rome

Periods

Roman Kingdom

753509 BC Roman Republic

50927 BC

Roman Empire

27 BC AD 476

Principate

Western Empire

Dominate

Eastern Empire

Roman Constitution

Constitution of the Kingdom

Constitution of the Republic

Constitution of the Empire

Constitution of the Late Empire

History of the Roman Constitution

Senate



Ordinary magistrates

Consul

Praetor

Quaestor

Promagistrate

Aedile

Tribune

Censor

Governor

Extraordinary magistrates

Dictator

Magister Equitum

Consular tribune

Rex

Triumviri

Decemviri

Titles and honours

Emperor
http://en.wikipedia.org/w/index.php?title=Roman_emperorhttp://en.wikipedia.org/w/index.php?title=Decemvirihttp://en.wikipedia.org/w/index.php?title=Triumviratehttp://en.wikipedia.org/w/index.php?title=King_of_Romehttp://en.wikipedia.org/w/index.php?title=Tribuni_militum_consulari_potestatehttp://en.wikipedia.org/w/index.php?title=Master_of_the_Horsehttp://en.wikipedia.org/w/index.php?title=Roman_dictatorhttp://en.wikipedia.org/w/index.php?title=Roman_governorhttp://en.wikipedia.org/w/index.php?title=Roman_censorhttp://en.wikipedia.org/w/index.php?title=Tribunehttp://en.wikipedia.org/w/index.php?title=Aedilehttp://en.wikipedia.org/w/index.php?title=Promagistratehttp://en.wikipedia.org/w/index.php?title=Quaestorhttp://en.wikipedia.org/w/index.php?title=Praetorhttp://en.wikipedia.org/w/index.php?title=Roman_consulhttp://en.wikipedia.org/w/index.php?title=Roman_magistratehttp://en.wikipedia.org/w/index.php?title=Roman_assemblieshttp://en.wikipedia.org/w/index.php?title=Roman_Senatehttp://en.wikipedia.org/w/index.php?title=History_of_the_Roman_Constitutionhttp://en.wikipedia.org/w/index.php?title=Constitution_of_the_Late_Roman_Empirehttp://en.wikipedia.org/w/index.php?title=Constitution_of_the_Roman_Empirehttp://en.wikipedia.org/w/index.php?title=Constitution_of_the_Roman_Kingdomhttp://en.wikipedia.org/w/index.php?title=Roman_Constitutionhttp://en.wikipedia.org/w/index.php?title=Byzantine_Empirehttp://en.wikipedia.org/w/index.php?title=Dominatehttp://en.wikipedia.org/w/index.php?title=Western_Roman_Empirehttp://en.wikipedia.org/w/index.php?title=Principatehttp://en.wikipedia.org/w/index.php?title=476http://en.wikipedia.org/w/index.php?title=27_BChttp://en.wikipedia.org/w/index.php?title=Roman_Empirehttp://en.wikipedia.org/w/index.php?title=27_BChttp://en.wikipedia.org/w/index.php?title=509_BChttp://en.wikipedia.org/w/index.php?title=Roman_Republichttp://en.wikipedia.org/w/index.php?title=509_BChttp://en.wikipedia.org/w/index.php?title=753_BChttp://en.wikipedia.org/w/index.php?title=Roman_Kingdomhttp://en.wikipedia.org/w/index.php?title=Politics_of_Ancient_Romehttp://en.wikipedia.org/w/index.php?title=Politics_of_Ancient_Romehttp://en.wikipedia.org/w/index.php?title=File:Roman_SPQR_banner.svghttp://en.wikipedia.org/w/index.php?title=Ancient_Rome


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History 11

Legatus Magister militum

Dux Imperator

Officium Princeps senatus

Praefectus Pontifex Maximus

Vicarius Augustus

Vigintisexviri Caesar

Lictor Tetrarch

Precedent and law

Roman law

Imperium

Mos maiorum

Collegiality

Auctoritas

Roman citizenship

Cursus honorum

Senatus consultum

Senatus consultum ultimum

Other countries Atlas

Ancient Rome portal

v t e[1]

The history of the Constitution of the Roman Republic is a study of the ancient Roman Republic that traces the

progression of Roman political development from the founding of the Roman Republic in 509 BC until the founding

of the Roman Empire in 27 BC. The constitutional history of the Roman Republic can be divided into five phases.

The first phase began with the revolution which overthrew the Roman Kingdom in 510 BC, and the final phase

ended with the revolution which overthrew the Roman Republic, and thus created the Roman Empire, in 27 BC.

Throughout the history of the republic, the constitutional evolution was driven by the struggle between the

aristocracy and the ordinary citizens.

The Roman aristocracy was composed of a class of citizens called Patricians, while all other citizens were called

Plebeians. During the first phase of political development, the Patrician aristocracy dominated the state, and the

Plebeians began seeking political rights. During the second phase, the Plebeians completely overthrew the Patrician

aristocracy, and since the aristocracy was overthrown simply through alterations to the Roman law, this revolution

was not violent. The third phase saw the emergence of a joint Patricio-Plebeian aristocracy, along with a dangerous

military situation that helped to maintain internal stability within the republic. The fourth phase began shortly after

Rome's wars of expansion had ended, because without these wars, the factor that had ensured internal stability wasremoved. While the Plebeians sought to address their economic misfortune through the enactment of laws, the

underlying problems were ultimately caused by the organization of society. The final phase began when Julius

Caesar crossed the Rubicon river, and ended with the complete overthrow of the republic. This final revolution

triggered a wholesale reorganization of the constitution, and with it, the emergence of the Roman Empire.

The Patrician era (509367 BC)

According to legend, the Roman Kingdom was founded in 753 BC, and was ruled by a succession of seven kings.[1]

The last king, Lucius Tarquinius Superbus, ruled in a tyrannical manner[2]

and, in 510 BC, his son Sextus Tarquinius

raped a noblewoman named Lucretia. Lucretia, the wife of a senator named Lucius Tarquinius Collatinus, committed

suicide because of the rape, and this led to a conspiracy which drove Tarquin from the city. With Tarquin's

expulsion, the Roman Republic was founded, and the chief conspirators, Collatinus and the senator Lucius Junius
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History 12

Brutus, were elected as the first Roman Consul (chief-executive).[3][4]

While this story may be nothing more than a

legend which later Romans created in order to explain their past, it is likely that Rome had been ruled by a series of

kings,[5]

who probably were, as the legends suggest, overthrown quickly.

The executive magistrates

Growth of the city region during the kingdom

The constitutional changes which occurred immediately after the

revolution were probably not as extensive as the legends suggest, as

the most important constitutional change probably concerned the chief

executive. Before the revolution, a king (rex) was elected by the

senators (patres or "fathers") for a life term, but now two Praetores

("leaders") were elected by the citizens for an annual term. These

magistrates were eventually called "Consuls" (Latin for those who walk

together), and each Consul checked his colleague, while their limited

term in office opened them up to prosecution if they abused the powers

of their office. The chief executive was still vested with the same grade

of imperium ("command") powers as was the old king, and the powers

of each of the two Consuls, when exercised together, were no different

than were those of the old king.[6]

In the immediate aftermath of the

revolution, the Roman Senate and the Roman assemblies were nearly as powerless as they had been under the

monarchy.

During the years of the monarchy, only Patricians (patres or "fathers") were admitted to the Roman Senate. The

revolution of 510 BC so depleted the ranks of the senate, however, that a group of Plebeians were drafted

(conscripti) to fill the vacancies. The old senate of Patricians (patres) transitioned into a senate of patres et

conscripti ("fathers and conscripted men"). These new Plebeian senators, however, could neither vote on an

auctoritas patrum ("authority of the fathers" or "authority of the Patrician senators"), nor be elected interrex. In theyear 494 BC, the city was at war,

[7]but the Plebeian soldiers refused to march against the enemy, and instead

seceded to the Aventine Hill.[8]

The Patricians quickly became desperate to end what was, in effect, a labor strike,

and thus they quickly agreed to the demands of the Plebeians, that they be given the right to elect their own officials.

The Plebeians named these new officials Plebeian Tribunes (tribuni plebis), and gave them two assistants, the

Plebeian Aediles (aediles plebi).[9][10]

During the early years of the republic, the Plebeians were not allowed to hold ordinary political office. In 445 BC,

the Plebeians demanded the right to stand for election to the Consulship,[11]

but the senate refused to grant them this

right. After a long resistance to the new demands, the Senate (454) sent a commission of three patricians to Greece to

study and report on the legislation of Solon and other lawmakers.[12][13]

When they returned, the Assembly (451)

chose ten men -decemviri- formulate a new code, and gave them supreme governmental power in Rome for two

years. This commission, under the presidency of a resolute reactionary, Appius Claudius, transformed the old

customary law of Rome into the famous Twelve Tables, submittedthem to the Assembly (which passed them with

some changes), and displayed them in the Forum for all who would and could to read. The Twelve Tables recognised

certain rights and gave the plebs their own representatives, the tribunes. However the Consulship remained closed to

the Plebeians, Consular command authority (imperium) was granted to a select number of Military Tribunes. These

individuals, the so-called Consular Tribunes were elected by the Century Assembly, and thesenate had the power to

veto any such election. This was the first of many attempts by the Plebeians to achieve political equality with the

Patricians. Starting around the year 400 BC, a series of wars were fought, and while the Patrician aristocracy enjoyed

the fruits of the resulting conquests, the Plebeians in the army became exhausted and bitter. They demanded real

concessions, and so in 367 BC a law was passed (the "Licinio-Sextian law")[14] which dealt with the economic plight

of the Plebeians. However, the law also required the election of at least one Plebeian Consul each year. The opening
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History 13

of the Consulship to the Plebeians was probably the cause behind the concession of 366 BC, in which the Praetorship

and Curule Aedileship were both created, but opened only to Patricians.[15][16]

The senate and legislative assemblies

Shortly after the founding of the republic, the Century Assembly became the principle Roman assembly in which

magistrates were elected, laws were passed, and trials occurred. During his Consulship in 509 BC, Publius ValeriusPublicola enacted a law (the lex Valeria) which guaranteed due process rights to every Roman citizen. Any

condemned citizen could evoke his right of Provocatio, which appealed any condemnation to the Century

Assembly,[17][18][19]

and which was a precursor to habeas corpus. Also around this time, the Plebeians assembled

into an informal Plebeian Curiate Assembly, which was the original Plebeian Council. Since they were organized on

the basis of the Curia[20][21]

(and thus by clan), they remained dependent on their Patrician patrons. In 471 BC, a law

was passed due to the efforts of the Tribune Volero Publilius,[22]

which allowed the Plebeians to organize by Tribe,

rather than by Curia. Thus, the Plebeian Curiate Assembly became the Plebeian Tribal Assembly, and the Plebeians

became politically independent.

During the regal period, the king nominated two Quaestors to serve as his assistants, and after the overthrow of the

monarchy, the Consuls retained this authority. However, in 447 BC, Cicero recorded that the Quaestors began to be

elected by a tribal assembly that was presided over by a magistrate.[23]

It seems as though this was the first instance

of a joint Patricio-Plebeian Tribal Assembly, and thus was probably an enormous gain for the Plebeians. While

Patricians were able to vote in a joint assembly, there were never very many Patri cians in Rome. Thus, most ofthe

electors were Plebeians, and yet any magistrate elected by a joint assembly had jurisdiction over both Plebeians and

Patricians. Therefore, for the first time, the Plebeians seemed to have indirectly acquired authority over Patricians.

During the 4th century BC,[24]

a series of reforms were passed (the legresValeriaeHoratiae), which ultimately

required that any law passed by the Plebeian Council have the full force of law over both Plebeians and Patricians.

This gave the Plebeian Tribunes, who presided over the Plebeian Council, a positive character for the first time.

Before these laws were passed, Tribunes could only interpose the sacrosanctity of their person ( intercessio) to veto

acts of the senate, assemblies, or magistrates.[25] It was a modification to the Valerian law[26] in 449 BC which first

allowed acts of the Plebeian Council to have the full force of law, but eventually the final law in the series was

passed (the "Hortensian Law"), which removed the last check that the Patricians in the senate had over this power.

The Conflict of the Orders (367287 BC)

In the decades following the passage of the Licinio-Sextian law of 367 BC,which required the election of at least

one Plebeian Consul each year, a series of laws were passed which ultimately granted Plebeians political equality

with Patricians.[27]

The Patrician era came to a complete end in 287 BC, with the passage of the Hortensian law. This

era was also marked with significant external developments. Up until 295 BC, the Samnites and the Kelts had been

Rome's chief rivals, but that year, at the Battle of Sentinum, the Romans defeated the combined armies of theSamnites and the Kelts. This battle was followed by the complete submission of both the Samnites and the Kelts to

the Romans, and the emergence of Rome as the unchallenged mistress of Italy.[28]

The Plebeians and the magistrates

When the Curule Aedileship had been created, it had only been opened to Patricians.[29]

Eventually, however,

Plebeians won full admission to the Curule Aedileship. In addition, after the Consulship had been opened to the

Plebeians, the Plebeians acquired a de facto right to hold both the Roman Dictatorship and the Roman Censorship

(which had been created in 443 BC) since only former Consuls could hold either office. 356 BC saw the appointment

of the first Plebeian Dictator,[30]

and in 339 BC the Plebeians facilitated the passage of a law (the lex Publilia),

which required the election of at least one Plebeian Censor for each five-year term. In 337 BC, the first Plebeian

Praetor was elected.
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History 14

In 342 BC, two significant laws were passed. One of these two laws made it illegal to hold more than one office at

any given point in time, and the other law required an interval of ten years to pass before any magistrate could seek

reelection to any office.[31]

As a result of these two laws, the military situation quickly became unmanageable.

During this time period, Rome was expanding within Italy and beginning to take steps beyond Italy, and thus it

became necessary for military commanders to holdoffice for several years at a time. This problem was resolved with

the creation of the pro-magisterial offices, so that when an individual's term in office ended, his command might be

prorogued (prorogatio imperii).[32]

In effect, when a magistrate's term ended, his imperium was extended, and he

usually held the title of either Proconsul or Propraetor.[33]

This constitutional device was not in harmony with the

underlying genius of the Roman constitution, and its frequent usage eventually paved the way for the empire. In

addition, during these years, the Plebeian Tribunes and the senators grew increasingly close. The senate realized the

need to use Plebeian officials to accomplish desired goals, and so to win over the Tribunes, the senators gave the

Tribunes a great deal of power, and unsurprisingly, the Tribunes began to feel obligated to the senate. As the

Tribunes and the senators grew closer, Plebeian senators were often able to secure the Tribunate for members of their

own families.[34]

In time, the Tribunate became a stepping stone to higher office.

The Ovinian law and the new aristocracy

Chart showing the checks and balances of the Constitution of the Roman Republic.

During the era of the kingdom, the Roman

King appointed new senators, but after the

overthrow of the kingdom, the Consuls

acquired this power. Around the middle of

the 4th century BC, however, the Plebeian

Council enacted the "Ovinian Plebiscite"

(plebiscitum Ovinium),[35]

which gave the

power to appoint new senators to the Roman

Censors. It also codified a commonplace

practice, which all but required the Censor

to appoint any newly elected magistrate to

the senate.[36]

By this point, Plebeians were

already holding a significant number of

magisterial offices, and so the number of

Plebeian senators probably increased quickly. It was, in all likelihood, simply a matter of time before the Plebeians

came to dominate the senate.

Under the new system, newly elected magistrates were awarded with automatic membership in the senate, although

it remained difficult for a Plebeian from an unknown family to enter the senate. Several factors made it difficult for

individuals from unknown families to be elected to high office, in particular the very presence of a long-standingnobility, as this appealed to the deeply-rooted Roman respect for the past. Ultimately, a new Patricio-Plebeian

aristocracy emerged,[37]

which replaced the old Patrician nobility. It was the dominance of the long-standing

Patrician nobility which ultimately forced the Plebeians to wage their long struggle for political power. The new

nobility, however, was fundamentally different from the old nobility.[38]

The old nobility existed through the force of

law, because only Patricians were allowed to stand for high office, and it was ultimately overthrown after those laws

were changed. Now, however, the new nobility existed due to the organization of society, and as such, it could only

be overthrown through a revolution.
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The failure of the Conflict of the Orders

The Conflict of the Orders was finally coming to an end, since the Plebeians had achieved political equality with the

Patricians. A small number of Plebeian families had achieved the same standing that the old aristocratic Patrician

families had always had, but these new Plebeian aristocrats were as uninterested in the plight of the average Plebeian

as the old Patrician aristocrats had always been. During this time period, the Plebeian plight had been mitigated due

to the constant state ofwar that Romewas in. These wars provided employment, income, and glory for the averagePlebeian, and the sense of patriotism that resulted fromthese wars also eliminated any real threat of Plebeian unrest.

The lex Publilia, which had required the election of at least one Plebeian Censor every five years, contained another

provision. Before this time, any bill passed by an assembly (either by the Plebeian Council, the Tribal Assembly, or

the Century Assembly) could only become a law after the Patrician senators gave their approval. This approval came

in the form of an auctoritas patrum ("authority of the fathers" or "authority of the Patrician senators"). The lex

Publilia modified this process, requiring the auctoritas patrum to be passed before a law could be voted on by one of

the assemblies, rather than after the law had already been voted on.[39]

It is not known why, but this modification

seems to have made the auctoritas patrum irrelevant.

By 287 BC, the economic condition of the average Plebeian had become poor, and the result was the final Plebeian

secession. The Plebeians seceded to the Janiculum hill, and to end the secession, a Dictator named Quintus

Hortensius was appointed. Hortensius,a Plebeian, passed a law called the "Hortensian Law" (Lex Hortensia), which

ended the requirement that anauctoritas patrum be passed before any bill could be considered by either the Plebeian

Council or the Tribal Assembly.[40]

The requirement was not changed for the Century Assembly. The importance of

the Hortensian Law was in that it removed from the senate its final check over the Plebeian Council (the principal

popular assembly).[41]

It should therefore not be viewed as the final triumph of democracy over aristocracy, since,

through the Tribunes, the senate could still control the Plebeian Council. Thus, the ultimate significance of this law

was in the fact that it robbed the Patricians of their final weapon over the Plebeians. The result was that the ultimate

control over the state fell, not onto the shoulders of democracy, but onto the shoulders of the new Patricio-Plebeian

aristocracy.

The supremacy of the new nobility (287133 BC)

The great accomplishment of the Hortensian Law was in that it deprived the Patricians of their final weapon over the

Plebeians. Therefore, the new Patricio-Plebeian aristocracy replaced the old Patrician aristocracy, and the last great

political question of the earlier era hadbeen resolved. As such, no important political changes occurred between 287

BC and 133 BC.[42]

This entire era was dominated by foreign wars, which eliminated the need to address the flaws in

the current political system, since the patriotism of the Plebeians suppressed their desire for further reforms.

However, this era created new problems, which began to be realized near the end of the 2nd century BC. For

example, the nature of Rome's military commanders changed. Roman soldiers of earlier eras fought short wars, and

then return to their farms. Since their generals did the same thing, the soldiers came to view their generals as beingnothing more than fellow citizen-soldiers. Now, however, wars were becoming longer and of a larger scale. Thus,

this period saw a growing affinity between the average citizen and his general, while the generals acquired more

power than they had ever held before.[43]

The Senate

When the lex Hortensia was enacted into law, Rome theoretically became a democracy (insofar as the landowners

were concerned, anyway). In reality, however, Rome remained an oligarchy, since the critical laws were still enacted

by the Roman Senate.[44]

In effect, democracy was satisfied with the possession of power, but did not care to

actually use itWikipedia:Please clarify. The senate was supreme during this era because the era was dominated by

foreign policy.[45] While upwards of 300,000 citizens were eligible to vote, many of these individuals lived a great

distance from Rome, and so calling them all together in a short period of time was impossible. The foreign affairs
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History 16

questions often required quick answers, and three-hundred senators were more capable of quick action than were

thousands of electors. The questions were also more complex than were the questions of the earlier era, and the

average citizen was not adequately informed as to these issues. The senators, in contrast, were usually quite

experienced, and the fact that they had income sources that were independent of their political roles made it easier

for them to involve themselves in policy questions over extended periods of time.[46]

Representation of a sitting of the Roman Senate

Since most senators were former magistrates, the senate became boundtogether by a strong sense of collegiality. At any given point in time,

many of the senate's most senior members were ex-Consuls, which

facilitated the creation of a bond between the presiding Consul and

those senior members. In addition, the Consul was always chosen from

senate, and as such he usually held similar ideals as did his fellow

senators. When his annual term ended, he returned to their ranks, and

so he was unlikely to stand against his fellow senators. Before the

enactment of the Ovinian Law, Consuls appointed new senators, but

after the enactment of this law, Censors appointed new senators,[47]

which caused the senate to become even more

independent of the presiding Consul. In addition, the Ovinian Law all but required that ex-magistrates be appointedto the senate, and as such, the process by which Censors appointed new members to the senate became quite

objective. This further enhanced the competence, and thus the prestige, of the senate.[48]

The Plebeians and the aristocracy

The final decades of this era saw a worsening economic situation for many Plebeians.[49]

The long military

campaigns had forced citizens to leavetheir farms, which often caused those farms to fall into a state of disrepair.

This situation was made worse during the Second Punic War, when Hannibal fought the Romans throughout Italy,

and the Romans adopted a strategy of attrition and guerrilla warfare in response. When the soldiers returned from the

battlefield, they often had to sell their farms to pay their debts, and the landed aristocracy quickly bought these farms

at discounted prices. The wars had also brought to Rome a great surplus of inexpensive slave labor, which the landed

aristocrats used to staff their new farms. Soon the masses of unemployed Plebeians began to flood into Rome, and

into the ranks of the legislative assemblies.[50]

At the same time, the aristocracy was becoming extremely rich.[51]

Several Italian towns had sided with Hannibal

during the Second Punic War, and these towns were ultimately punished for their disloyalty,whichopened up even

more cheap farmland for the aristocrats. With the destruction of Rome's great commercial rival of Carthage, even

more opportunities for profit became available. With so many new territories, tax collection (which had always been

outsourced to private individuals) also became extremely profitable. While the aristocrats spent their time exploiting

new opportunities for profit, Rome was conquering new civilizations in the east. These civilizations were often

highly developed, and as such they opened up a world of luxury to the Romans. Up until this point, most Romanshad only known a simple life, but as both wealth and eastern luxuries became available at the same time, an era of

ruinous decadence followed. The sums that were spent on these luxuries had no precedent in prior Roman history.

Several laws were enacted to stem this tide of decadence, but these laws had no effect, and attempts by the Censors

to mitigate this decadence were equally futile.

By the end of this era, Rome had become fullof unemployed Plebeians. They then began filling the ranks of the

assemblies, and thefact that theywere no longer away from Rome made it easier for them to vote. In the principle

legislative assembly, the Plebeian Council,[52]

any individual voted in the Tribe that his ancestors had belonged

to.[53]

Thus, most of these newly unemployed Plebeians belonged to one of the thirty-one rural Tribes, rather than

one of the four urban Tribes, and the unemployed Plebeians soon acquired so much political power that the Plebeian

Council became highly populist. These Plebeians were often angry with the aristocracy, which further exacerbated

the class tensions. Their economic state usually led them to vote for the candidate who offered the most for them, or
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constitution of the roman republic

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