Also known as: senatusconsultum · senate
Written by attorneys · grounded in primary & secondary sources — see below
A Roman legislative assembly composed of statesmen and dignitaries that advised magistrates and shaped public policy. The body held no formal legal force in the regal and republican periods but its advice was customarily followed and later acquired the force of imperial will.
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Sabrina Shah proposed a land reform measure in the Roman forum. The emperor attempted to enact it by decree alone. The senatus convened and declared that all legislative powers remained vested in the senate and popular assembly, rendering the decree invalid.
Solomon Silver served as a special investigator limited to one official's misconduct. The senatus challenged his appointment by a judicial council. The tribunal ruled that the senatus could vest appointment of such an inferior officer in the judiciary rather than requiring full senatorial confirmation.
Sofia Stern, a Roman magistrate, issued an emergency edict during a grain shortage. The senatus objected that executive power belonged to the consuls and not to the senate itself. The assembly upheld the separation and voided the edict for exceeding senatorial authority.
Sydney Santos received a temporary commission while the senatus held only pro forma sessions. Silverline Industries challenged the appointment in a contract dispute. The court held that the senatus never entered recess and therefore the commission was void.
Scott Summers, a Roman general, sought senatorial approval for a military campaign. The senatus confirmed that the commander in chief power rested with the consuls subject to senatorial advice on treaties and appointments. The campaign proceeded only after the required concurrence.
Simone Sanders faced impeachment for misuse of public funds. The senatus delegated evidence-taking to a small committee and conducted a brief proceeding. The tribunal ruled the procedures nonjusticiable because the constitution textually committed the sole power to try impeachments to the senatus.
The senatus was an advisory council of statesmen and dignitaries whose resolutions lacked formal legal weight until the imperial period. Popular assemblies enacted binding statutes. The distinction appears in the historical sources describing the senate's customary but non-binding role.
Supporting sources
Senatus consulta became the official expression of imperial will at the end of the second century A.D. Before that time they carried only persuasive authority even though they were usually followed.
Supporting sources
…by affidavits that notice had been given to Mr. Madison; that Mr. Adams, the late President, nominated the applicants to the Senate; that the Senate advised and consented to the appointments; that commissions in due form were signed by the President and the seal of the United States affixed by the Secretary of State;…