Constitution of The Roman Republic - Executive Magistrates

Executive Magistrates

The Roman Magistrates were elected officials of the Roman Republic. Each Roman magistrate was vested with a degree of power. dictators had the highest level of power. After the dictator was the censor, and then the consul, and then the Praetor, and then the Curule Aedile, and finally the Quaestor. Each magistrate could only veto an action that was taken by a magistrate with an equal or lower degree of power. Since Plebeian Tribunes (as well as "Plebeian Aediles") were technically not magistrates, they relied on the sacrosanctity of their person to obstruct. If one did not comply with the orders of a Plebeian Tribune, the tribune could 'interpose the sacrosanctity of his person (intercessio) to physically stop that particular action. Any resistance against the tribune was considered to be a capital offense.

The most significant constitutional power that a magistrate could hold was that of "Command" (Imperium), which was held only by consuls and Praetors. This gave a magistrate the constitutional authority to issue commands (military or otherwise).

Once a magistrate's annual term in office expired, he had to wait ten years before serving in that office again. Since this did create problems for some magistrates, these magistrates occasionally had their command powers extended, which, in effect, allowed them to retain the powers of their office as a Promagistrate.

The consul of the Roman Republic was the highest ranking ordinary magistrate. Two consuls were elected every year, and they had supreme power in both civil and military matters. Throughout the year, one consul was superior in rank to the other consul, and this ranking flipped every month, between the two consuls. Praetors administered civil law, presided over the courts, and commanded provincial armies. Another magistrate, the censor, conducted a census, during which time they could appoint people to the senate. Aediles were officers elected to conduct domestic affairs in Rome, and were vested with powers over the markets, and over public games and shows. Quaestors usually assisted the Consuls in Rome, and the governors in the provinces with financial tasks. Two other magistrates, the Plebeian Tribunes and the Plebeian Aediles, were considered to be the representatives of the people. Thus, they acted as a popular check over the senate (through their veto powers), and safeguarded the civil liberties of all Roman citizens.

In times of military emergency, a "dictator" was appointed for a term of six months. Constitutional government dissolved, and the dictator became the absolute master of the state. The Dictator then appointed a "Master of the Horse" to serve as his most senior lieutenant. Often the dictator resigned his office as soon as the matter that caused his appointment was resolved. When the dictator's term ended, constitutional government was restored. The last ordinary dictator was appointed in 202 BC. After 202 BC, extreme emergencies were addressed through the passage of the decree senatus consultum ultimum ("ultimate decree of the senate"). This suspended civil government, declared martial law, and vested the consuls with dictatorial powers.