About

Fernando Giannotti is a writer, economist, and comedian from Dayton, Ohio. He is a member of the comedy troupe '5 Barely Employable Guys.' He holds a B.A. in Economics and History and an M.S. in Finance from Vanderbilt University as well as a B.A. in the Liberal Arts from Hauss College. A self-labeled doctor of cryptozoology, he continues to live the gonzo-transcendentalist lifestyle and strives to live an examined life.

Friday, June 26, 2026

What the Late Roman Republic Can Teach Americans About Constitutional Erosion

History rarely repeats itself exactly. The United States is not ancient Rome. America possesses institutions, constitutional safeguards, and a political culture fundamentally different from those of the Roman Republic. Yet history often reveals recurring political patterns. One of the most enduring of those patterns is the gradual erosion of constitutional norms when rival political factions become convinced that defeating one another is more important than preserving the institutions that govern them both.

The tragedy of the Roman Republic was not that one ambitious man suddenly destroyed it. It was that generations of political leaders slowly weakened the customs, precedents, and unwritten rules that had sustained republican government for centuries. By the time Lucius Cornelius Sulla marched his army into Rome in 88 BC, many of the constitutional guardrails that had protected the Republic had already been compromised.

The lesson for modern America is not that a dictator is inevitable. Rather, it is that republics become vulnerable when political factions increasingly justify bending institutional rules because they fear losing power to the opposing side.


The Importance of Constitutional Norms

Every constitutional system depends upon more than written law.

The United States Constitution establishes legal rules governing elections, separation of powers, and federalism. Yet much of American government functions because political actors voluntarily respect norms that are only partially codified.

These include:

  • Accepting electoral defeat.
  • Exercising restraint in the use of political power.
  • Respecting the legitimacy of political opponents.
  • Avoiding manipulation of institutions solely for partisan advantage.
  • Preserving public confidence in impartial governmental processes.

Political scientists sometimes distinguish between constitutional law and constitutional norms. Laws determine what governments may do; norms influence what governments should do.

The Roman Republic relied even more heavily upon such norms.

Rome possessed no single written constitution. Instead, centuries of precedent, tradition (mos maiorum), and mutual restraint regulated political behavior. Magistrates generally respected unwritten limitations because violating them threatened the legitimacy of the entire system.

Once enough political leaders concluded that extraordinary circumstances justified extraordinary actions, those restraints weakened rapidly.

Political Competition Becomes Constitutional Competition

Healthy republics assume that political competition occurs within accepted constitutional boundaries.

The late Roman Republic increasingly transformed political competition into constitutional competition.

Rather than simply attempting to win elections, rival factions sought to change the rules governing elections, offices, courts, and legislative procedures in ways that permanently advantaged themselves.

Each escalation appeared justified by previous abuses committed by political opponents.

This dynamic is familiar to students of political science.

Once one faction concludes that ordinary political competition no longer guarantees survival, institutional restraint becomes increasingly difficult to maintain.

Gerrymandering and the Manipulation of Representation

One of the clearest modern examples is partisan gerrymandering.

Both Democratic and Republican state governments have increasingly drawn legislative districts designed not merely to reflect geographic communities but to maximize partisan advantage.

Safe districts produce several damaging consequences.

First, they reduce electoral accountability.

Representatives no longer fear general-election voters nearly as much as primary-election challengers from within their own party.

Second, safe districts reward ideological purity over compromise.

Third, legislative bodies become less representative of public opinion than the electorate as a whole.

Although redistricting itself is constitutional, aggressive partisan manipulation alters the competitive structure of representative government without requiring voters to approve those changes.

This resembles an important feature of late Republican Rome.

Roman politicians increasingly manipulated institutional procedures—not always illegally, but strategically—to secure lasting political advantages.

The issue was rarely whether an action was technically permissible.

The deeper question was whether repeated procedural manipulation gradually undermined public confidence in republican institutions.

Rome's Constitutional Escalation

During the second and first centuries BC, political conflict intensified dramatically.

The reforms proposed by Tiberius and Gaius Gracchus challenged longstanding political practices regarding land distribution and senatorial authority. Their opponents responded with increasingly extraordinary measures, including political violence.

Later came conflicts involving Marius and Sulla.

Extraordinary commands became more common.

Political prosecutions became increasingly weaponized.

Traditional limits on executive authority weakened.

The Senate increasingly relied upon emergency decrees.

Popular assemblies became vehicles for factional struggle.

Each side argued that its actions were necessary because the opposing faction had already violated republican norms.

Political retaliation replaced constitutional restraint.

By the time Sulla marched Roman legions into Rome—a previously unimaginable act—the Republic had already experienced decades of constitutional deterioration.

The march itself was shocking.

The conditions that made it possible had been developing for generations.

Mutual Escalation

One of history's most uncomfortable lessons is that constitutional decline is rarely caused by only one faction.

Each side often believes itself to be acting defensively.

One violation becomes justification for another.

One extraordinary measure invites retaliation.

One constitutional innovation encourages another.

Eventually the accumulation of exceptions becomes the new normal.

Political scientist Steven Levitsky and Daniel Ziblatt describe this process as constitutional hardball—the use of legal institutional powers in ways that violate long-standing democratic norms while remaining technically lawful.

The danger lies not in any single action.

It lies in the cumulative erosion of mutual restraint.

The American Parallel

The United States has experienced its own cycle of constitutional escalation.

Examples include:

  • increasingly aggressive partisan gerrymandering;
  • strategic manipulation of legislative procedures;
  • escalating executive orders;
  • growing use of emergency powers;
  • expanding reliance upon judicial resolution of political disputes;
  • increasingly partisan confirmation battles;
  • declining willingness to compromise across party lines.

None of these developments alone threatens American constitutional government.

Taken together over decades, however, they reflect a political culture increasingly willing to treat constitutional institutions as tactical weapons rather than shared public trust.

The greatest danger is not that one party permanently wins.

The greater danger is that both parties gradually lose confidence in the legitimacy of the constitutional system itself.

The Importance of Competitive Elections

Competitive elections are the primary accountability mechanism of representative government.

When politicians increasingly choose their voters instead of voters choosing their representatives, representative government weakens.

Districts should naturally reflect geography, communities, and population equality—not maximize partisan advantage.

Independent redistricting commissions are not a cure-all, but they represent one institutional reform capable of restoring greater public confidence that electoral competition remains fair.

Healthy republics require uncertainty.

Politicians should not assume victory before campaigns begin.

They should persuade voters rather than engineer electoral outcomes.

Constitutional Patriotism

Rome ultimately lost not because its institutions suddenly disappeared.

It lost because enough political leaders gradually ceased viewing those institutions as worthy of preservation independent of immediate political advantage.

The Constitution cannot defend itself.

Neither can republican government.

Both ultimately depend upon citizens and elected officials believing that preserving the fairness and legitimacy of political competition matters more than temporarily defeating political opponents.

Constitutional patriotism means accepting short-term political losses in order to preserve long-term institutional legitimacy.

That principle distinguished successful republics throughout history.

It remains essential today.

Conclusion

The Roman Republic did not collapse in a single dramatic moment. It eroded through decades of escalating constitutional conflict, procedural manipulation, and declining mutual restraint. Each faction justified its actions as necessary responses to the excesses of the other. Few believed they were destroying the Republic. Most believed they were saving it.

The United States is far removed from the circumstances of first-century BC Rome, and its constitutional framework has repeatedly demonstrated remarkable resilience. Yet the underlying lesson remains relevant. A republic is strongest when political rivals view one another as legitimate competitors rather than existential enemies, and when they preserve the rules of the game even at the cost of losing individual contests.

If Americans wish to avoid repeating Rome's trajectory, the objective should not be to secure permanent victory for one party or another. It should be to strengthen the institutions that allow political competition to continue peacefully across generations. Elections should be won through persuasion, not structural manipulation. Constitutional norms should be valued not because they benefit one side today, but because they protect the Republic tomorrow.

No comments:

Post a Comment