Note 875 — Chapter IV · THE MAGISTRACY
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Sulla was nominated by an interrex (though his powers were conferred by law), Caesar by a praetor. Plutarch (Marc. 24) says that the praetor could nominate the dictator, a proceeding which is declared by Cicero to be wholly unconstitutional, ad Att. ix. 15, 2 (49 B.C.) “volet (Caesar) ... vel ut consules roget praetor vel dictatorem dicat, quorum neutrum jus est. Etsi si Sulla potuit efficere, ab interrege ut dictator diceretur, cur hic non possit?” The nomination of Caesar was regular in so far as a special lex was passed which empowered the praetor to nominate (Caes. B.C. ii. 21; Dio Cass. xli. 36).