Roman Senate (Byzatium)

Roman Senate Ρωμαϊκή Σύγκλητος Romaïkí Synklētos
Emblem of the Roman Senate
Official logo of the Roman Senate
Type
Type	upper house of the Parliament of the Byzantine Empire
History
Founded	April 21, 753 BC (753 BC-04-21)
Leadership
Princeps Senatus	Georgios Sphrantzes since May 15, 2019 (2019-05-15)
Structure
Seats	300
Length of term	Life
Elections
Voting system	Appointment or cooptation
Motto
Senatus Populusque Romanus

The Roman Senate (Greek: Ρωμαϊκή Σύγκλητος Romaïkí Synklētos) is the upper chamber of the parliament of the Byzantine Empire. The Roman Senate and the lower chamber of Congress, the House of Representatives, comprise the bicameral legislature of the Byzantine Empire. Together, the Senate and the House maintain authority to propose imperial legislation to the Emperor. The Senate has exclusive power to confirm imperial appointments and approve or reject treaties. The most important function of the Roman Senate is to advise and assist the Roman Emperor.

The composition and powers of the Senate are established by the Constitution of the Empire. In total, the Senate consists of 300 members. Each senator is selected by reason of his career at the service of the State, or is appointed by the Emperor.

The Senate has several functions of advice and consent. These include the approval of treaties, as well as the confidence to the members of Council of Ministers of the Empire, confirmation of senior judges, senior officers, regulatory officials, ambassadors, and other senior officials.

The Senate has typically been considered both a more advisory and prestigious body than the House of Representatives.

History

The current form of the Roman Senate dates back to 1889 when the Byzantine Empire implemented a historic parliamentary reform. Responding to democratisation needs, and wishing for an identitarian rallying point, the Senate was given back to its time-honoured and traditional function of advice, persuasion and consenting body.

Functions

The Roman Senate has several functions. Among them, the most prominent one is the role of advice, persuasion and consent. The majority of official acts which are passed by the Senate are Opinions (Latin: Consulta; Greek: Συμβουλευτείτε Symvoulefteíte). These acts, while formally non-binding, are acts loaded of great political significance, addressing relevant issues.

Legislation

Bills may be introduced in either chamber of the parliament of the Byzantine Empire. The Senate does not have the power to initiate bills imposing taxes but it has the power to initiate appropriation bills.

The approval of both houses is required for any bill, including a revenue bill, to be proposed to the Emperor for consideration. Both Houses must pass the same version of the bill; if there are differences, they may be resolved by sending amendments back and forth or by a conference committee, which includes members of both bodies.

Advice and consent

The Constitution provides several unique functions for the Senate that form its ability to advise and support the Emperor. These include the requirement that the Senate may advise and must consent to some of the Emperor's government appointments; also the Senate must consent to all treaties with foreign governments; it confirms the Roman Emperor.

The Emperor can make certain appointments only with the advice and consent of the Senate. Officials whose appointments require the Senate's approval include members of the Council of Ministers, heads of several executive agencies, ambassadors, and senior judges.

Typically, a nominee is the first subject to a hearing before a Senate committee. Thereafter, the nomination is considered by the full Senate. The majority of nominees are confirmed; however, in a small number of cases each year, Senate committees purposely fail to act on a nomination to block it. In addition, the Emperor sometimes withdraws nominations when they appear unlikely to be confirmed. Outright rejections of nominees on the Senate floor are infrequent.

Although the Senate's advice and consent are required for the appointment of certain executive officials, it is not necessary for their removal.

The Senate also has a role in ratifying treaties. The Constitution provides that the Emperor may only "make Treaties, provided a majority of the senators present concur". However, not all international agreements are considered treaties under Roman law.

As a body, the Senate tends to afford great deference to any Senator's objection regarding a nominee to an office having geographical ties to that Senator, especially when the objecting member is a member by virtue of his or her birth. Another custom relating to the Senate's power "to advise and consent" is that when a nominee is a current Senator, the nomination generally proceeds towards a vote without first being referred to the relevant committee. Additionally, Senators tend to vote their approval of the nominee, even when the nominee is of an adversary political group, although they are not bound by the law to do so.
This practice is motivated by a general sense of collegiality among Senators. It is also viewed as an "important source of political patronage" for Senators.

Imperial Election

The succession to the imperial throne of the Roman State in the East is the result of a centuries-old evolution. In theory, the principle of selecting the individual most suitable to lead the State applies: the reigning Emperor selects his heir and he is confirmed by the Roman Senate and the Armed Forces.

In practice, the principle of male preference primogeniture applies: the reigning Emperor systematically indicates his first-born male child as Heir and the confirmation of the Senate and the Armed Forces is taken for granted if a formal opposition does not arise within a short time from the official proclamation. This form of succeession accords succession to the throne to a female member of a dynasty if and only if she has no living brothers and no deceased brothers who left surviving legitimate descendants.

When an Emperor dies without a designated heir, the Roman Senate and the Armed Forces elect a new Emperor who is judged to be a valid and capable leader. On such occasions, the Armed Forces are represented by the National Security Council, while the Senate is integrated into its composition by the leadership of the House of Representatives and by those leading politicians who are not already members of the Senate itself.

Judicial function

The Constitution empowers the House of Representatives to impeach officials for treason and other high Crimes and empowers the Senate to try such impeachments. A convicted official is automatically removed from office and may be disqualified from holding future office.

Membership

Official portrait of Victorina Bozhura Rhangabe. Victorina Rhangabe was the first female Princeps Senatus, being elected in 1999.

The Roman Senate has 300 Senators. The Senate is not an elected body, but one whose members were appointed by the Roman Emperor, subject to certain qualifications. The senate is mostly composed of statesmen and officials, ranging from the most important statesmen to provincial governors and retired civil servants. After a senior official served his term in certain offices, it usually is followed with automatic appointment to the Senate. Sometimes, a senior position entitles by law to the membership of the Senate.

The normal way of becoming a member of the senate itself is by holding a senior position in the government. It is important to note that being a Senator is generally a secondary career for most of the senate's members, who usually possessed important positions within the administrative and/or political machinery of the Empire.

Qualifications

The Constitution sets three qualifications for senators: (1) they must be at least 30 years old; (2) they must have been Roman citizens for at least fifteen years; and (3) they must reside in Costantinople (save for Provincial Governors).

The Emperor, or the Senate itself, may also issue a decree to grant a man not possessing senatorial qualifications a seat in the Senate.

Disqualifications

A sitting senator is disqualified from holding office if they:

• Fail to attend five consecutive sessions of the Senate;
• Become a subject or citizen of a foreign power;
• File for bankruptcy;
• Are convicted of treason or an indictable offence;
• Cease to be qualified in respect of property or of residence.

The Constitution also disqualifies as senators anyone who had taken the requisite oath of allegiance to the Empire but who later engaged in rebellion or aided the enemies of the Empire.

The Senate is the sole judge of a senator's qualifications. The Senate may expel a senator by a two-thirds vote.

Members by office held

The following 35 officials are automatically granted a seat in the Roman Senate:

1. Prime Minister of the Empire;
2. Ecumenical Patriarch of Costantinople;
3. Ministers (11);
4. Provincial Governors (17);
5. Patriarchs of the Eastern Orthodox Churches whose Seat is within the current borders of the Empire (Athens, Antiochia, Serdica, Singidonon);
6. Chief of General Staff.

These senators expire when their associated office ceases.

Members by birth

The following 13 people are granted a seat in the Roman Senate by virtue of their birth:

1. Sebastokrator;
2. Despots;
3. Dukes (12);

It is to note that at least 13 people are members by birth; however, it may be possible that several adult males of the Imperial family sit in the Roman Senate. Male members of the Imperial family sit immediately behind the Princeps Senatus. Nobles entitled to sit by birth begin to attend the Senate once they reach twenty-one years of age and are allowed to vote once they reach twenty-five.

Members by cooptation or appointment

The Senate may cooptate within its own ranks and the Emperor may appoint to the Senate any Roman citizen chosen from those who occupied one or more of these positions without censure or reprimand:

1. Archeparchs, Metropolitans, and Bishops whose sees are within the current borders of the Empire;
2. Undersecretaries of State;
3. The Speaker of the House of Representatives of the Roman State in the East;
4. Former Members of the House of Representatives of the Roman State in the East who had served for more than seven years;
5. Ambassadors;
6. Dukes of Victory;
7. Retired Ambassadors;
8. Retired General and flag officers;
9. Retired Heads of Imperial executive agencies or departments who had served over seven years;
10. Heads of Imperial executive agencies or departments who had served over ten years;
11. Komis;
12. Archons;
13. Anyone who had glorified the nation through outstanding service or merit.

Senators by cooptation or appointment are the "filler" category, meaning that they may be cooptated or appointed only if the total number of incumbent Senators does not exceed 300. On the other hand, no Senator expires from office if he (or she) takes office within the numeric limit of 300 Senators and then, by accession of those entitled to the Senatorial seat by office or by birth, this limit is exceeded.

President of the Roman Senate

Under the Constitution, the Roman Emperor serves as president of the Roman Senate when sitting. Since the 1950s, Roman Emperors have presided over few Senate debates. Instead, they have usually presided only on ceremonial occasions, such as swearing in new senators, joint sessions, or at times to announce some important news.

The Senate elects a president pro tempore, who presides over the chamber in the Emperor's absence and is, by custom, the senator with the longest record of continuous service. The president pro tempore holds the formal title of Princeps Senatus (Latin form Prince or First One of the Senate). Frequently, freshmen senators (newly inducted members) are asked to preside alongside the Princeps Senatus, so that they may become accustomed to the rules and procedures of the body.

The presiding officer sits in a chair in the front of the Senate chamber. The powers of the presiding officer of the Senate are less extensive than those of the speaker of the House. The presiding officer calls on senators to speak (by the rules of the Senate, the first senator who asks is granted permission); ruling on points of order (objections by senators that a rule has been breached); and announcing the results of votes. If the Emperor presides over the Senate, he is flanked by the Prime Minister of the Empire and by the Princeps Senatus.

Non-member officers

The Senate has several officers who are not members. The Senate's chief administrative officer is the Protonotary of the Senate, who maintains public records, disburses salaries, monitors the acquisition of stationery and supplies, and oversees clerks. The Assistant Protonotary of the Senate aids the Protonotary's work.
Another official is the Praitōr who, as the Senate's chief law enforcement officer, maintains order and security on the Senate premises. The Imperial Gendarmerie handle routine police work, with the Praitōr primarily responsible for general oversight. Other employees include the Chaplain, who is appointed by the Ecumenical Patriarch of Costantinople, and pages, who are appointed by each Senator.

Procedure

The Roman Senate uses the 1894 Procedural Decree for operation. Like the House of Representatives, the Roman Senate meets within the Great Palace, in the Palace of Daphne. At one end of the main chamber of the Senate is a dais from which the presiding officer presides. The lower tier of the dais is used by clerks and other officials. Sessions of the Senate are opened with a special prayer led by the Ecumentical Patriarch of Costantinople or by a his delegate. Sessions of the Senate are generally open to the public and are broadcast live on television by Δ-Κ-1.

The Senate commonly waives some of its stricter rules by unanimous consent. A senator may block such an agreement, but in practice, objections are rare. The presiding officer enforces the rules of the Senate, and may warn members who deviate from them.

The Constitution provides that a majority of the Senate constitutes a quorum to do business. A quorum is always assumed as present unless a quorum call explicitly demonstrates otherwise. A Senator may request a quorum verification; the president pro tempore calls the rolls and asks the members to stand and declare their presence.

Debate

Senators are free to speak and absolutely free to speak whenever they wish to respond to calls made to them personally. In practice, debate is carefully managed by the Procedure Decree and by the presiding officer.

During a debate, senators may speak if granted permission to do so by the presiding officer, but the presiding officer is required to ascertain the first senator who asks to speak. Thus, the presiding officer has some degree of control over the course of the debate. All speeches should be addressed to the presiding officer, but in practice there may be direct replies to other Senators.

Senators do not refer to each other by name, but by making references to previous speeches or by making indirect references. Senators address the Senate standing in the space between the presiding officers and the clerks and the hemicycle of the seats.

Voting

The vote to approve the Senate act takes place in four phases:

1. Formulation of the question by the president;
2. Call of each senator to express his opinion;
3. Special formulation of the question by the president based on the opinions heard;
4. Vote on the issue.

Voting can take place by individual declaration or "by separation": in this latter case the voters separate, those in favour go on one side and those against the proposal to be voted on the other.

Closed session

On occasion, the Senate may go into what is called a secret session. During a secret session, the chamber doors are closed, cameras are turned off, and the galleries are completely cleared of anyone not sworn to secrecy, not instructed in the rules of the closed session, and not essential to the session. Secret sessions are rare and usually held only when the Senate is discussing sensitive subject matter such as information critical to state security, private communications from the Emperor, or deliberations during impeachment trials. A Senator may call for and force a secret session if the motion is seconded by at least one other member, but an agreement usually occurs beforehand. The transcript of the secret session is not releaded. The proceedings remain sealed indefinitely until the Senate votes to remove the injunction of secrecy or the Emperor removes it by decree.

Committees

The Senate uses committees (and their subcommittees) for a variety of purposes, including the review of bills. Formally, the whole Senate appoints committee members. In practice, however, the choice of members is made by the political groups. Generally, each party honours the preferences of individual senators, giving priority based on seniority. Each group is allocated seats on committees in proportion to its overall strength.

Most committee work is performed by 16 standing committees, each of which has jurisdiction over a field such as finance or foreign relations. Each standing committee may consider, amend, and report bills that fall under its jurisdiction. Furthermore, each standing committee considers imperial nominations to offices related to its jurisdiction. Standing committees also oversee the departments and agencies of the executive branch. In discharging their duties, standing committees have the power to hold hearings and to require witnesses and evidence.

Each Senate committee and subcommittee is led by a chairman (usually a member of the majority party). Usually, committee chairmen were determined purely by seniority; as a result, several elderly senators continue to serve as chair despite severe physical infirmity or even senility. The chairmen hold extensive powers: they control the committee's agenda; they act with the power of the committee in disapproving or delaying a bill or a nomination; they manage on the floor of the full Senate the consideration of those bills the committee reports.

Chairmen also have considerable influence: senators who cooperate with their committee chairs are likely to accomplish more good for their political ends than those who do not. The second-highest member, the spokesperson on the committee for the minority party, is known in most cases as the ranking member. By custom, Provincial Governors are not selected as chairmen.

This determines a parallel hierarchy, where chairmen act as the senior members of the Roman Senate.