Simone Lawson
The US Constitution and the Roman Republic share some similarities, with Alexander Hamilton, writing under the pseudonym Publius, a Roman statesman, arguing for a strong executive to prevent states from fighting each other, citing Rome as an example. The US Constitution's federalism also reflects concepts of English government, which in turn were influenced by Roman ideas. The Roman Republic's constitution was a set of uncodified norms and customs, alongside written laws, that guided its governance. It had three main bodies: the magistrates, the senate, and the people, with the magistrates serving as the supreme repository of political power. The US Constitution, while influenced by Roman ideas, differs significantly in its design, with the Senate resembling the House of Lords, and the US President having no equivalent in the Roman Republic.
| Characteristics | Values |
|---|---|
| Influence on US Constitution | The US Constitution was influenced by the Roman Republic, but to a limited extent. |
| Written Constitution | The Roman Constitution was unwritten, whereas the US Constitution is a written document. |
| Historical Context | The Roman Republic emerged after the overthrow of the Roman monarchy, while the US Constitution was formed after gaining independence from British rule. |
| Governance | The Roman Republic had three main bodies: the magistrates, the senate, and the people. The US Constitution establishes a system of checks and balances among the three branches of government: the executive, legislative, and judicial. |
| Election Process | The Roman Republic had a complex election process with various assemblies, while the US Constitution outlines a more standardized process for electing representatives. |
| Executive Power | The Roman Republic did not have an equivalent to the US President in terms of executive power. |
| Federalism | The US Constitution embraces federalism, with a division of powers between the federal and state governments, which is not a direct feature of the Roman Republic. |
| Common Law | The US Constitution incorporates Common Law precedent, which is not a prominent feature of the Roman Republic. |
| Individual Liberties | The US Constitution includes a Bill of Rights guaranteeing individual liberties, which is not a direct feature of the Roman Republic. |
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What You'll Learn
The US Constitution was influenced by Roman political theory
The US Constitution's federalism was also foreshadowed by the interplay between English Law and Colonial Law, with English concepts of government more prominently reflected in the US Constitution than Roman ones. However, Roman political theory did influence the thinking of the framers of the US Constitution, and political theory at the time was influenced by the work of Montesquieu, whose observations were derived from Rome.
The constitution of the Roman Republic was a set of uncodified norms and customs, alongside written laws, that guided the procedural governance of the Roman Republic. It emerged from the Roman Kingdom and evolved significantly over the almost five hundred years of the republic. The constitution can be divided into three main branches: the Assemblies, composed of the people, which served as the supreme repository of political power and had the authority to elect magistrates, accept or reject laws, administer justice, and declare war or peace; the Senate, which advised the magistrates, acting primarily with its influence; and the magistrates, who could be vetoed by other magistrates, and who were checked by the tribunes elected by the plebeians.
The US Constitution, like the Roman Republic, features a system of checks and balances, with the three branches of government, the executive, legislative, and judicial branches, each having their own powers and responsibilities, and the ability to check the power of the other branches. The US Constitution also features a strong executive, as argued for by Hamilton, in the form of the President, who is the head of state and commander-in-chief of the armed forces, and has the power to veto legislation.
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The US Senate resembles the Roman Senate
While the US Constitution may bear more resemblance to the English form of government than to Rome's, there are some similarities between the US Senate and the Roman Senate.
The Roman Senate was an advisory council composed of veteran politicians who had a great deal of influence despite their lack of official power. The Roman Senate advised the magistrates, acting primarily through its influence rather than legal authority. Similarly, the US Senate holds legislative power and can advise the President of the United States, who is the equivalent of a Roman magistrate. The US Senate also has a range of powers over the provinces, or in US terms, the states.
The Roman Senate also played a role in supervising the administration of provinces, which were governed by former consuls or praetors. The US Senate has a similar role in that it confirms the appointment of federal judges and key officials in the executive branch, who administer the laws of the land.
In the Roman Republic, the Senate had the power to call for the appointment of a dictator in cases of emergency. While the US Senate does not have this power, it does have a role in confirming the President's appointment of key officials in the national security sector, who are responsible for emergency management.
The Roman Senate also had certain financial powers, and the US Senate is similarly responsible for budgetary discussions and decisions.
In terms of membership, the Roman Senate required its members to own property worth at least one million sesterces, while the US Senate does not have such a requirement. However, both bodies have ethical requirements for their members. For example, Roman senators could not engage in banking or public contracts, while US senators must adhere to certain ethical standards outlined in the Senate Ethics Manual.
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The US President has no equivalent in the Roman Republic
While the US Constitution does show some influences from the Roman Republic, the US President has no equivalent in the Roman system. Rome's Republic did not have an equivalent to the US President. The closest equivalent to the US President in the Roman Republic would have been the consuls, who held the highest ordinary magistrate rank. Each consul served for one year and held supreme power in civil and military matters. While in the city of Rome, the consuls were the head of the government, presiding over the senate and the assemblies. However, unlike the US President, the consuls did not have executive power unless they were on a military campaign.
The Roman Republic had a very different system of government compared to the US. The constitution of the Roman Republic was a set of uncodified norms and customs, along with written laws, that guided the procedural governance. The Assemblies, composed of the people, were the supreme repository of political power and had the authority to elect magistrates, accept or reject laws, administer justice, and declare war or peace. The Senate advised the magistrates and acted as a source of influence rather than legal authority.
The US Constitution, on the other hand, established a federal system with a strong executive branch headed by the President. The President is elected and serves a fixed term, with the power to veto legislation, command the military, and conduct foreign policy. While the President has checks on their power, such as the Congress and the Supreme Court, they possess significantly more executive authority than the consuls in the Roman Republic.
Additionally, the process of election and legislation in the Roman Republic was quite different from that of the US. The Roman Republic had assemblies of citizens, such as the comitia centuriata and concilia plebis, that voted on proposals in ad hoc formations. The officials in charge could even ask the assemblies to change their votes after they had finished voting. This stands in contrast to the US system, where the President is elected through a standardized process and wields significant executive power.
In summary, while the US Constitution may have been influenced by some ideas from the Roman Republic, the office of the US President has no direct equivalent in the Roman system. The Roman Republic had a unique form of government with its own set of norms, customs, and power dynamics that differed significantly from the US system established by the Constitution.
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The US Constitution was influenced by English Law
The US Constitution was heavily influenced by English Law and political theory. The growth of colonies in America meant the extension of English institutions and laws to these new territories. The influence of English Common Law and constitutional ideas is evident in the work of early American lawyers, who incorporated these principles into colonial and revolutionary documents, as well as the constitutions of the federal era.
The Magna Carta, a foundational document in English law, had a strong influence on the United States Constitution and the constitutions of individual states. The rights and liberties outlined in the Magna Carta were reflected in colonial constitutional documents, such as the constitutions of New Jersey and Pennsylvania in the 17th century, which protected personal liberty and property. The influence of the Magna Carta continued to shape American constitutional development, with state declarations of rights and the United States Bill of Rights incorporating guarantees that descended from the Magna Carta. These included freedom from unlawful searches and seizures, the right to a speedy trial, the right to a jury trial, and protection from loss of life, liberty, or property without due process of law.
The English Bill of Rights of 1689 also served as a model for colonial constitutional documents and the post-revolution "Bill of Rights," which declared fundamental civil rights and liberties. The terminology and ideas from the English Constitution, such as representative government, the theory of a supreme law, and judicial review, were transmitted to America and played a significant role in shaping their constitutional framework.
While the US Constitution drew ideas from various sources, including the Roman Republic, the influence of English Law and political thought was more prominent. The Senate, for example, was designed to resemble the House of Lords, an elite body not subject to popular election. The federalism outlined in the US Constitution was also foreshadowed by the interplay between English Law and Colonial Law. The concept of habeas corpus, with its roots in the relationship between subject and monarch, was another example of English legal concepts adopted by the framers of the US Constitution.
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The US Constitution is codified, unlike Rome's
The US Constitution is a written document that outlines the country's laws and principles, serving as the foundation of the US government and legal system. On the other hand, the Roman Republic's constitution was uncodified, consisting of a set of norms, customs, and written laws that guided its governance. This uncodified nature meant that the Roman constitution was more flexible and evolved significantly over time.
The US Constitution is a formal document that establishes the rights and responsibilities of the government and its citizens, with a clear framework for its legislative, executive, and judicial branches. It is a written text that has been ratified by the states and is the supreme law of the land. The US Constitution is also a living document, which means that it can be amended over time to adapt to the changing needs of the nation. However, the process of amending it is deliberately challenging to ensure stability and continuity.
In contrast, the Roman Republic's constitution was not a single document but a collection of traditions, precedents, and written laws that evolved over centuries. It emerged from the Roman Kingdom and went through substantial changes during the almost five hundred years of the republic. The Roman constitution was unwritten, and its norms and practices were passed down orally and through precedent. While the Roman constitution had written laws, they were created and amended through a different process than in the US, with assemblies of citizens voting on proposals in ad hoc formations.
The Roman constitution's uncodified nature meant that it was flexible and could adapt to the needs of the time. It evolved through practices such as the lex Villia annalis, which formalised the cursus honorum by setting minimum ages for each office, and the introduction of secret ballots through various laws. The Roman constitution also had a system of checks and balances, with magistrates being able to veto each other's proceedings and the tribunes, elected by plebeians, able to intercede and veto magistrate actions.
However, the uncodified nature of the Roman constitution also had its drawbacks. The lack of a single, unified document made it challenging to maintain cohesion and stability, especially as the republic expanded and acquired overseas provinces. The breakdown of elite cohesion and the increasing legitimisation of violence contributed to the rise of Augustus and the transformation of the Roman Republic into an autocratic regime.
While the US Constitution was influenced by various political theories and historical precedents, including those of Rome, it is generally agreed that it more closely resembles the English model of government than the Roman one. The US Constitution's codification is a significant difference between the two systems of government, reflecting a distinct approach to establishing and maintaining a nation's laws and principles.
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Frequently asked questions
The US Constitution and the Roman Republic both had three main bodies: the magistrates, the senate, and the people. The Senate in the US was modelled after the House of Lords, an elite body not beholden to popular election, similar to the Roman Senate, which was composed of former magistrates and advised the magistrates.
The US Constitution and the Roman Republic were both influenced by the work of historians and political theorists of their time. Alexander Hamilton, for example, argued for a strong executive to keep states from fighting each other, as the Roman Republic had a tendency towards individual ambition and conquest. The Roman Republic's constitution was based on the idea that the people and the state were one and the same, and this influenced the US Constitution's concept of popular sovereignty.
The US Constitution and the Roman Republic both had written laws that guided their governance. The Roman Republic's laws were uncodified norms and customs, while the US Constitution's laws were more formalised and codified. Both systems had mechanisms for checking the power of their leaders, such as the US system of checks and balances and the Roman Republic's use of veto power by magistrates and tribunes.
The US Constitution and the Roman Republic emerged from similar historical contexts of overthrowing monarchy and establishing a republic. The US Constitution was influenced by English Law and Colonial Law, which had roots in Roman and English concepts of government. The Roman Republic developed after the overthrow of the Roman monarchy around 509 BC, and its constitution evolved over almost five hundred years.
