which arise in the making of laws from the lack of close coöperation
between the legislative and executive branches of our government, and
it has been proposed lately to adopt the Roman practice to the extent
of allowing members of the Cabinet to attend meetings of the Congress,
without giving them the right to vote.
_ii._ DIFFERENCES BETWEEN ANCIENT AND MODERN
We have been speaking of points of resemblance between the Roman Senate
and the Senate of the United States. Some striking points of difference
between its procedure and that of modern legislative chambers should be
mentioned. A member of our Senate or House of Representatives, if he
were summoned to a meeting of the Roman Senate, would be as astonished
at the lack of parliamentary machinery, as was the Connecticut Yankee
of Mark Twain’s story at the lack of labor-saving devices in the
court of King Arthur. He would find no fixed order of business, no
quorum ordinarily required, no committees to collect facts and make
recommendations, motions not put in writing, and no minutes kept. He
would be still more astounded to find three or four mutually exclusive
motions before the house at the same time, from which the presiding
officer was allowed to make his choice. Yet no legislative body has
left behind it such a marvellous record of business-like achievement as
the Roman Senate has. This fact may well lead us to ask the question
whether the elaborate procedure and the complicated parliamentary rules
which our legislative bodies follow are necessary for the expeditious
transaction of business. This is not to say that the Roman method could
be adopted out of hand today. That was a matter of growth, but it may
at least suggest that it would be possible and wise for us to simplify
our procedure. Many of the practices peculiar to the Roman Senate
may be explained out of its history. Although it is the most famous
legislative body known, in theory it was not a legislative body at all.
It was in its origin only the Advisory Council, or _consilium_, of the
chief magistrate. Its members were merely the experienced old men whose
advice the king, and later the consul, sought. When he needed counsel
he called them together, and asked their opinions, following naturally
the order of age and eminence. In its outward forms the circumstances
of its origin were never forgotten. The Senate never met unless the
magistrate called it together. The business of the day was laid before
it by the presiding officer. Its members were not expected to give
their opinions until he asked them, and the presiding officer who was
asking advice could naturally pick out the proposal which seemed to
him wisest and ask the judgment on it of the other members, and it was
the traditional practice to make these proposals orally.
Public-domain text, read in full here on John Shaqi.
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