It may be convenient at the outset to compare some of the
characteristics of the legislative branch of the Roman government with
those of modern parliaments. The Roman method of legislating was very
similar in its essential features to that followed by the states of
this Union which freely use the initiative and referendum.[14] These
two political devices come to us of course from Switzerland. One
or both of them in their present form may be traced to Rousseau’s
opposition to representative government and to his advocacy of the
doctrine of popular sovereignty. But traces of the referendum may be
found in certain Swiss cities long before Rousseau’s day, and the
legislative principle which underlies it may possibly be an inheritance
from Roman times, preserved through the Middle Ages in the independent
Italian cities. Where the referendum prevails, an elected assembly,
the Legislature in our states and the Greater Council in the Swiss
cantons, is set over against the whole body of citizens, voting in
this country in their home towns, or in Switzerland at some central
point. Either legislative organization may initiate legislation, and
in practice most proposals originate in the elected body, from which
important or controversial matters are referred to the people. Popular
action overrides that of the chosen body. The people may not amend
a proposal, but must vote “Yes” or “No” upon it. This is an exact
description of the relation of the Roman senate to the popular assembly
under the Republic. The ancient system had the merits and defects which
we see in its modern counterpart. The assembly of the people helped to
preserve the rights of the democracy and gave expression to popular
aspirations. The aristocratic body, being made up of experienced
politicians and administrative officials, was better qualified to
deal with technical questions and foreign affairs, and the relative
importance of the two legislative organizations varied from one period
to another according to the predominance of the one set of questions
or the other. Naturally the problems arising out of long-continued
wars increased the prestige of the Roman Senate, just as its exclusive
right to approve treaties of peace with the Central European States
has enhanced the authority of the American Senate at the expense
of the Lower House. We noticed above that a few important matters
were reserved to the Roman popular assembly. One of these was the
declaration of an offensive war. Now in the last two or three years in
casting about for some means to avert future wars, it has been proposed
to take the right of declaring war from the Congress and to submit the
question in each case to the people. This proposal has been made partly
in the belief that the people who must bear the brunt of a war will
lean toward peace. If we may draw an inference from the attitude of
the Roman people, this conclusion is unfounded. Professor Tenney Frank
Public-domain text, read in full here on John Shaqi.
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