The Two Great Republics: Rome and the United StatesLewis, James
History
The Two Great Republics: Rome and the United States
Lewis, James
Rome -- Politics and government -- 510-30 B.C.; United States -- Politics and government
The men who established the new form of government created after the
expulsion of Tarquinius adopted the theory of political checks and
balances which we afterwards find exerting such a strong influence
upon the framers of our American Constitution. It was necessary that
at least a part of the powers formerly exercised by the king should be
intrusted to some official under the new régime. The greatest efforts,
however, were made to render it impossible for any Roman official to
use the governmental powers granted him in such a manner as to secure
for himself the kingly office. The mere provision that the highest
official in the government should be elected, rather than succeed to
the office by right of descent, was rightly judged to be by itself an
insufficient protection against the seizure of supreme power by some
Roman tyrant.
A stronger safeguard was found in the division of the highest power in
the state between two officials, who later came to be known as
consuls. (The officers afterwards known as consuls were for a
considerable period known as prætors; after the term consul came into
use the name prætor at a still later period was given to the possessor
of a new office created shortly after the passage of the Licinian
Act.) The kingly power, or that part of it not absolutely abolished or
given to the religious officials, was vested jointly in the two
consuls, each possessing the full right to exercise all the functions
of the office. Under this division of power each consul was considered
a most effective check upon any ambition for a crown which might be
possessed by the other.
Another safeguard, a safeguard which unfortunately has recently been
too much disregarded in the United States, consisted in the short term
of office prescribed by the new law, the consuls and other Roman
officials being elected for a term of one year only.
While, as has been said, the consuls retained in general all the
former powers of the king, still in some respects these powers were
curtailed:
1. By the Valerian Law of 509 B.C. each person condemned by the consul
to capital or corporal punishment was entitled to an appeal as a
matter of right. It had previously been optional with the king whether
to grant an appeal.
2. The consuls never possessed the various pecuniary rights of the
kings, such as that of having the fields cultivated by the citizens.
3. The quæstors, who had previously been appointed or not by the king
himself, as he saw fit, now became regular state officials.
Public-domain text, read in full here on John Shaqi.
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