Malcolm Rivera
The French Constitution of 1791 was the first written constitution in France, created after the collapse of the absolute monarchy of the Ancien Régime. The National Assembly, formed in 1789, began the process of drafting the constitution as its primary objective. The French Constitution of 1791 was passed in September 1791, establishing a constitutional monarchy in France. However, the king's attempt to escape Paris and the revolution brought anti-royalist and republican sentiments to the fore, compromising the success of the constitution. The constitution amended Louis XVI's title from 'King of France' to 'King of the French', implying that his power emanated from the people and the law rather than divine right or national sovereignty.
| Characteristics | Values |
|---|---|
| Year | 1791 |
| First written constitution in France | Yes |
| Established | After the collapse of the absolute monarchy of the Ancien Régime |
| Legislative body | National Assembly |
| Executive branch | King and royal ministers |
| Judiciary | Independent of the other two branches |
| Feudal geographic divisions | Abolished |
| Territory division | Divided into several administrative units, Departments (Départements) |
| King's power | Suspensive veto |
| Bicameral legislature | Proposed but defeated in favor of one house |
| Citizenship | Distinction between active citizens (over 25, paid taxes) with political rights and passive citizens |
| Voting rights | Extended to around 4.3 million Frenchmen |
| King's title | Changed from 'King of France' to 'King of the French' |
| King's spending | Reduced by 20 million livres |
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What You'll Learn
The French Constitution of 1791
The National Assembly's primary objective was to redefine the French government, citizenship, and the limits of government power. The Assembly asserted its legal presence in the government by establishing its permanence in the Constitution and forming a system for recurring elections. The Assembly's belief in a sovereign nation and equal representation was reflected in the constitutional separation of powers. The National Assembly was the legislative body, the king and royal ministers made up the executive branch, and the judiciary was independent of the two branches.
The constitution amended Louis XVI's title from 'King of France' to 'King of the French', implying that his power emanated from the people and the law, not from divine right or national sovereignty. The king retained the right to form a cabinet and select and appoint ministers. He was also granted a suspensive veto to balance the interests of the people, which could be overridden by three consecutive legislatures.
The main controversies surrounding the constitution's creation included the level of power to be granted to the king and the form the legislature would take. Another critical question was whether every subject of the French Crown would be given equal rights as the Declaration of Rights of Man and Citizen promised. The constitution's conclusion was that voting rights would be restricted to 'active citizens' (male property owners over a certain age who paid a minimum amount of taxation) and that there would be 'passive citizens' with only civil rights. All women were deprived of rights and liberties, including the right to education and freedom of speech, writing, printing, and worship.
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The National Assembly
The French Constitution of 1791 was the country's first written constitution, created after the collapse of the absolute monarchy of the Ancien Régime. The National Assembly, which was the legislative body, played a crucial role in drafting this constitution.
On June 20, 1789, the newly formed National Assembly, consisting of deputies from the Third Estate, assembled in a Versailles tennis court. They pledged not to disband until France had a working constitution. This event, known as the Tennis Court Oath, marked the beginning of the constitution-drafting process as the National Assembly's primary objective.
The Constitution of 1791, finalized by the National Assembly, included a revised role for the king. Louis XVI's title was changed from 'King of France' to 'King of the French', indicating that his power derived from the people and the law, rather than divine right or national sovereignty. Additionally, the king's spending was reduced, and he retained the right to form a cabinet and appoint ministers.
However, the constitution's success was compromised by the king's actions. In June 1791, the king and his family attempted to flee Paris, which fueled anti-royalist and republican sentiments. The National Assembly tried to salvage the situation by claiming the royal family had been abducted and reinstating the king, but their efforts were not widely accepted. As a result, the Constitution of 1791, which established a constitutional monarchy, was passed in September but had already faced significant challenges.
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The role of the king
The French Constitution of 1791 was the first written constitution in France, created after the collapse of the absolute monarchy of the Ancien Régime. The National Assembly, formed in 1789, was the legislative body, with the king and royal ministers making up the executive branch and the judiciary independent of the other two branches.
The constitution also amended Louis XVI's title from 'King of France' to 'King of the French', implying that his power emanated from the people and the law, not from divine right or national sovereignty. In terms of executive power, the king retained the right to form a cabinet and to select and appoint ministers. He was granted a civil list (public funding) of 25 million livres, a reduction of around 20 million livres on his spending before the revolution.
Despite the constitution, the king's attempt to escape Paris and the revolution in 1791 brought anti-royalist and republican sentiment to the boil. The king's betrayal fatally compromised the constitution and showed that the monarch had no faith in it. When the king used his veto powers to protect non-juring priests and refused to raise militias in defence of the revolutionary government, the constitutional monarchy proved unworkable and was effectively ended by the 10 August insurrection.
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Citizenship and voting rights
The French Constitution of 1791 was the country's first written constitution, created after the collapse of the absolute monarchy of the Ancien Régime. The National Assembly, which had formed in 1789, was the legislative body, with the king and royal ministers making up the executive branch and the judiciary independent of the other two branches.
The Constitution of 1791 was drafted by a twelve-member Constitutional Committee, which included members of the nobility, some of whom would later face execution. The greatest controversy faced by this committee was the issue of citizenship and voting rights. The Declaration of Rights of Man and Citizen seemed to promise equal rights to every subject of the French Crown, but there were differing opinions on whether this should be the case.
The Constitution of 1791 made a distinction between active citizens, who had political rights, and passive citizens. Active citizens were defined as those over the age of 25 who paid direct taxes equal to three days' labor. This definition of active citizenship was based on property qualifications, which was in line with the Constitution's overall aim of reorganizing the social structure. The property qualifications set by the National Constituent Assembly would have extended voting rights to around 4.3 million Frenchmen. However, radicals in the political clubs and sections demanded that voting rights be granted to all men, regardless of earnings or property.
The Constitution of 1791 also revised the role of the king, amending Louis XVI's title from 'King of France' to 'King of the French'. This implied that the king's power emanated from the people and the law, not from divine right or national sovereignty. The king retained the right to form a cabinet and select and appoint ministers, and he was granted a civil list (public funding) of 25 million livres, a reduction of around 20 million livres on his spending before the revolution.
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The influence of the American and British systems
The French Constitution of 1791 was drafted by the National Assembly, which aimed to reorganise the social structure and legalise itself. The Assembly wanted to represent the interests of the general will, abolishing institutions that were "injurious to liberty and equality of rights". The Constitution separated powers, with the Assembly as the legislative body, the king and royal ministers forming the executive branch, and an independent judiciary.
The drafting of the French Constitution and the American Revolution overlapped, and the French Revolution influenced the United States Constitution. The American Founding Fathers drew on the French experience to help prevent regime failure and address shortcomings in the Articles of Confederation. The American Constitution, therefore, included a robust system of checks and balances, which was lacking in the French structure. The Americans wanted to form a government independent of Great Britain, whereas the French wanted to replace or change their existing government.
The French Constitution and the American Constitution differ in their centrality to their respective legal systems. In the American legal system, the Constitution is the fundamental legal document, and all exercises of public power are evaluated for validity by constitutional standards. It is a symbol of American national life and a repository of American values. In contrast, the French Civil Code, a comprehensive code of private law, has long occupied a central place in French legal and national life, and the Constitution has had less practical and symbolic importance.
The French Constitution of 1791 was also influenced by the British system. The French National Assembly, like the British Parliament, included members from nobility, many of whom would later face execution. The Assembly's belief in a sovereign nation and equal representation can be seen in the constitutional separation of powers, similar to the British system. The Assembly's legislative role and the independence of the judiciary are also reflected in the British system.
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Frequently asked questions
Yes, the French Constitution of 1791 was the first written constitution in France.
The French Constitution of 1791 was created after the collapse of the absolute monarchy of the Ancien Régime. It was the first written constitution in France and was passed in September 1791.
The Constitution of 1791 established a constitutional monarchy in France, with the king's power derived from the people and the law, rather than from divine right or national sovereignty. It also distinguished between active citizens with political rights and passive citizens without them.
