ON THE SENATUS CONSULTUM ULTIMUM

The legal science of the Romans was so developed that even in the constitutional affairs, they were able to keep pace with the changes of its society and with the political turmoil.The senatus consultum ultimum was a legal instrument that could be used by the senate at its own discretion. The senatus consultum ultimum was a complement to the dictatorship. It was first passed during the fall from power of Gaius Gracchus in 121 BC, and subsequently at several other points, including during Lepidus' march on Rome in 77 BC, the Conspiracy of Catiline in 63, and when Julius Caesar crossed the Rubicon in 49. In fact,, when a bodyguard of Gaius Gracchus killed one of the consul's servant, the senaturs consultum was adopted by the senators and the equites, who were all called to arms.Although Gaius Gracchus occupied the Aventine, the consul took over and killed him and his supporters. The difference between the senatus consultum ultimum and the dictatorship is that the former attributes more powers to the consuls in a moment of danger in the Res Publica. It's a decree that implies promise of senatorial support. The dictatorship, however, is different in that, besides its short term of six months all the consitutional powers of the Roman state are in the hands of the dictator, who can really act as a pater familias,since he has the power of life and death on the Romans.In few words the scu gives the two Roman consuls the supreme power in the state an permits them to deal with a particular situation free from the normal restrictions on their imperium.On of the last uses of the scu was when Cicero was consul in 48 BCE. He asked to investigate on the letters written by Catilina, in which it was discussed an imminent plot against the Roman State. After having acquired the evidence and read the letters of Catilina in the senate, Cicero asked to be bestowed upon the scu and with this power he used the martial law and had Catilina executed.