Editing Roman Kingdom (section)

==Public offices after the monarchy==
{{Main|Roman Republic|Constitution of the Roman Republic|History of the Constitution of the Roman Republic}}
{{further|Elections in the Roman Republic}}
{{republicanism sidebar}}
The constitutional history of the [[Roman Republic]] began with the revolution that overthrew the monarchy in 509 BC and ended with constitutional reforms that transformed the Republic into what would effectively be the Roman Empire, in 27 BC. The Roman Republic's constitution was a constantly evolving, unwritten set of guidelines and principles passed down mainly through precedent, by which the government and its politics operated.{{sfn|Byrd|1995|p=161}}

===Senate===
{{Main|Senate of the Roman Republic}}
{{further|SPQR}}
[[File:04305 - Roma - Fori - Curia Iulia - Foto Giovanni Dall'Orto - 18-Mar-2008.jpg|thumb|upright|The [[Curia Julia]], the senate house started by Julius Caesar in 44 BC and completed by [[Octavian]] in 29 BC, replacing the [[Curia Cornelia]] as the meeting place of [[Roman Senate|the Senate]].]]

The senate's authority derived from the senators' esteem and prestige.{{sfn|Byrd|1995|p=96}} This esteem and prestige were based on both precedent and custom, as well as the senators' calibre and reputation. The senate passed decrees called {{lang|la|senatus consulta}}. These were officially "advice" from the senate to a magistrate, but in practice, the magistrates usually followed them.{{sfn|Byrd|1995|p=44}} Through the course of the middle republic and Rome's expansion, the senate became more dominant in the state: the only institution with the expertise to administer the empire effectively, it controlled state finances, assignment of magistrates, external affairs, and deployment of military forces. Also, a powerful religious body, it received reports of omens and directed Roman responses thereto.{{sfn|Momigliano|Cornell|2016}}

When its prerogatives started to be challenged in the 2nd century, the senate lost its customary preapproval for legislation. Moreover, after the precedent set in 121&nbsp;BC with the killing of Gaius Gracchus, the senate claimed to assume the power to issue a {{lang|la|[[senatus consultum ultimum]]}}: such decrees directed magistrates to take whatever actions were necessary to safeguard the state, irrespective of legality, and signalled the senate's willingness to support that magistrate if such actions were later challenged in the courts.{{sfnm|1a1=Momigliano|1a2=Lintott|1y=2012|2a1=Golden|2y=2013|2p=148}}

Its members were usually appointed by [[Roman censor|censor]]s, who ordinarily selected newly elected magistrates for membership in the senate, making the senate a partially elected body. Status was not hereditary and there were always some new men, though sons of former magistrates found it easier to be elected to the qualifying magistracies. During emergencies, a dictator could be appointed for the purpose of appointing senators (as was done after the [[Battle of Cannae]]). However, by the end of the republic men such as Caesar and the members of the Second Triumvirate usurped these powers for themselves.{{sfn|Momigliano|Cornell|2016}}

===Legislative assemblies===
{{Main|Citizens' assemblies of the Roman Republic}}
[[File:Forum Romanum through Arch of Septimius Severus Forum Romanum Rome.jpg|thumb|The [[Roman Forum]], the commercial, cultural, religious, and political center of the city and the Republic which housed the various offices and meeting places of the government]]

The legal status of Roman citizenship was limited and a vital prerequisite to possessing many important legal rights, such as the right to trial and appeal, marry, vote, hold office, enter binding contracts, and to special tax exemptions. An adult male citizen with the full complement of legal and political rights was called {{lang|la|optimo iure}} ({{lit|having the greatest rights}}). Citizens who were {{lang|la|optimo iure}} elected their assemblies, whereupon the assemblies elected magistrates, enacted legislation, presided over trials in capital cases, declared war and peace, and forged or dissolved treaties. There were two types of legislative assemblies: the {{lang|la|comitia}} ('committees'), which were assemblies of all citizens {{lang|la|optimo jure}}, and the {{lang|la|consilia}} ("councils"), which were assemblies of specific groups of citizens {{lang|la|optimo jure}}.{{sfn|Abbott|2001|p=251}}

Citizens were organized on the basis of centuries and [[Tribe of Rome|tribes]], which each gathered into their own assemblies. The {{lang|la|[[Legislative Assemblies of the Roman Republic#Assembly of the Centuries|Comitia Centuriata]]}} ('Centuriate Assembly') was the assembly of the centuries (that is., soldiers). The Comitia Centuriata's president was usually a consul. The centuries voted, one at a time, until a measure received support from a majority. The Comitia Centuriata elected magistrates who had {{lang|la|imperium}} (consuls and praetors). It also elected censors. Only the Comitia Centuriata could declare war and ratify the results of a census.{{sfn|Abbott|2001|p=257}} It served as the highest court of appeal in certain judicial cases.

The assembly of the tribes, that is, the citizens of Rome, the [[Legislative Assemblies of the Roman Republic#Assembly of the Tribes|Comitia Tributa]], was presided over by a consul, and composed of 35 tribes. Once a measure received support from a majority of the tribes, voting ended. While it did not pass many laws, the Comitia Tributa did elect quaestors, [[Curule seat|curule]] [[aedile]]s, and military tribunes.{{sfn|Taylor|1966|p=7}} The Plebeian Council{{sfn|Abbott|2001|p=196}} was identical to the assembly of the tribes but excluded the [[patrician (ancient Rome)|patricians]]. They elected their own officers, plebeian tribunes and plebeian aediles. Usually, a plebeian tribune would preside over the assembly. This assembly passed most laws and could act as a court of appeal.

===Magistrates===
{{Main|Executive magistrates of the Roman Republic}}
Each republican magistrate held certain [[Executive magistrates of the Roman Republic#Powers|constitutional powers]]. Each was assigned a {{lang|la|provincia}} by the Senate. This was the scope of that particular office holder's authority. It could apply to a geographic area or to a particular responsibility or task.{{sfn|Lintott|1999a|p=101}} The powers of a magistrate came from the people of Rome (both plebeians and patricians).{{sfn|Lintott|1999a|p=95}} {{lang|la|Imperium}} was held by both consuls and praetors. Strictly speaking, it was the authority to command a military force, but in reality, it carried broad authority in other public spheres, such as diplomacy and the justice system. In extreme cases, those with the imperium power could sentence Roman Citizens to death. All magistrates also had the power of {{lang|la|coercitio}} (coercion). Magistrates used this to maintain public order by imposing punishment for crimes.{{sfn|Lintott|1999a|p=97}} Magistrates also had both the power and the duty to look for omens. This power could also be used to obstruct political opponents.

One check on a magistrate's power was {{lang|la|collega}} ('collegiality'). Each magisterial office was held concurrently by at least two people. Another such check was {{lang|la|provocatio}}. While in Rome, all citizens were protected from coercion, by {{lang|la|provocatio}}, an early form of [[due process]]. It was a precursor to {{lang|la|[[habeas corpus]]}}. If any magistrate tried to use the powers of the state against a citizen, that citizen could appeal the magistrate's decision to a tribune. In addition, once a magistrate's one-year term of office expired, he would have to [[Cursus honorum|wait ten years]] before serving in that office again. This created problems for some consuls and praetors, and these magistrates occasionally had their {{lang|la|imperium}} extended. In effect, they retained the powers of the office (as a [[promagistrate]]) without officially holding that office.{{sfn|Lintott|1999a|p=113}}

In times of military emergency, a [[Roman dictator|dictator]] was appointed for a term of six months.{{sfn|Byrd|1995|p=24}} Constitutional government was dissolved, and the dictator was the absolute master of the state. When the dictator's term ended, constitutional government was restored.

The [[Roman censor|censor]] was a [[magistrate]] in [[ancient Rome]] who was responsible for maintaining the [[census]], supervising [[public morality]], and overseeing certain aspects of the government's finances.<ref>Suolahti, J. (1963) ''The Roman Censors: A Study on Social Structure'' (Helsinki)</ref> The power of the censor was absolute: no magistrate could oppose his decisions, and only another censor who succeeded him could cancel those decisions. The censor's regulation of public morality is the origin of the modern meaning of the words ''censor'' and ''censorship''.<ref>{{Cite web |title=censorship &#124; Etymology, origin and meaning of censorship |url=https://www.etymonline.com/word/censorship |website=etymonline |url-status=live |archive-url=https://web.archive.org/web/20231012204633/https://www.etymonline.com/word/censorship |archive-date= Oct 12, 2023 }}</ref> During the census, they could enroll citizens in the senate or purge them from the senate.{{sfn|Byrd|1995|p=26}}

The [[Roman consul|consuls]] of the Roman Republic were the highest-ranking ordinary magistrates. Each served for one year.{{sfn|Byrd|1995|p=20}} Consular powers included the kings' former {{lang|la|imperium}} and appointment of new senators. Consuls had supreme power in both civil and military matters. While in the city of Rome, the consuls were the head of the Roman government. They presided over the senate and the assemblies. While abroad, each consul commanded an army.{{sfn|Byrd|1995|p=179}} His authority abroad was nearly absolute.

Since the tribunes were considered the embodiment of the plebeians, they were [[sacrosanct]]. Their sacrosanctity was enforced by a pledge the plebeians took to kill anyone who harmed or interfered with a tribune during his term of office. It was a capital offense to harm a tribune, disregard his veto, or otherwise interfere with him.{{sfn|Byrd|1995|p=23}}

[[Praetor]]s administered civil law{{sfn|Byrd|1995|p=32}} and commanded provincial armies. [[Aediles]] were officers elected to conduct domestic affairs in Rome, such as managing public games and shows. The [[quaestor]]s usually assisted the consuls in Rome, and the governors in the provinces. Their duties were often financial.