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 during the early stages of the French Revolution, played a crucial role in drafting this constitution. The Assembly, facing the challenge of reorganizing the social structure and legalizing its own existence, embarked on the constitution-making process with the primary objective of establishing popular sovereignty and constitutionality. The resulting constitution, however, fell short of modern egalitarian standards, distinguishing between active and passive citizens and excluding women from key liberties.
| Characteristics | Values |
|---|---|
| Year of constitution | 1791 |
| Previous form of government | Absolute monarchy of the Ancien Régime |
| Date of formation of the National Assembly | 17 June 1789 |
| Date of formation of the National Constituent Assembly | 9 July 1789 |
| Date of dissolution of the National Constituent Assembly | 30 September 1791 |
| Date of adoption of the Declaration of the Rights of Man and of the Citizen | 26 August 1789 |
| Date the Declaration of the Rights of Man and of the Citizen became the preamble of the constitution | 3 September 1791 |
| Date of the Storming of the Bastille | 14 July 1789 |
| Date of the October Days | 5-6 October |
| Age requirement for active citizens | Over 25 |
| Requirements for active citizens | Paid direct taxes equal to three days' labor |
| Rights of active citizens | Political rights |
| Rights of passive citizens | Civil rights |
| Type of government before the National Assembly | Feudal geographic divisions |
| Type of government after the National Assembly | Administrative units called Departments |
| Type of power held by the king | Suspensive veto |
| Number of members in the Constitutional Committee | 12 |
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What You'll Learn
The French Constitution of 1791
The National Assembly, formed on 9 July 1789, was renamed the National Constituent Assembly and became the governing body and constitution-framer. The Assembly's primary objective was to draft a constitution, with the Declaration of the Rights of Man and of the Citizen, adopted on 26 August 1789, eventually becoming the preamble of the constitution. The Declaration offered sweeping generalizations about rights, liberty, and sovereignty.
The Assembly's belief in a sovereign nation and in equal representation was reflected in the constitutional separation of powers. The Assembly was the legislative body, the king and royal ministers made up the executive branch, and the judiciary was independent of the other two branches. The Assembly also asserted its legal presence in French government by establishing its permanence in the Constitution and forming a system for recurring elections.
The Constitution redefined the organization of the French government, citizenship, and the limits to the powers of government. It abolished many institutions that were considered injurious to liberty and equality of rights. On a local level, the previous feudal geographic divisions were formally abolished, and the territory of the French state was divided into several administrative units, or Departments (Départements), with the principle of centralism.
The Assembly's greatest controversy surrounded the issue of citizenship. Would every subject of the French Crown be given equal rights, as the Declaration of Rights of Man and Citizen seemed to promise, or would there be some restrictions? In the end, a distinction was made between active and passive citizens, with active citizens (over the age of 25 and paid direct taxes equal to three days' labor) having political rights, while passive citizens had only civil rights. This conclusion was intolerable to radical deputies like Maximilien Robespierre, who could never be reconciled to the Constitution.
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The National Assembly's formation
The formation of the National Assembly, also known as the Assemblée nationale constituante in French, was a pivotal moment in the early stages of the French Revolution. It came into existence on the 17th of June 1789, formed by the representatives of the Third Estate (the commoners) of the Estates-General.
The Estates-General had been summoned on 5 May 1789 to address France's financial crisis, but instead, they became embroiled in disputes over their own structure. The representatives of the Third Estate, frustrated with the lack of progress, decided to break away and form their own assembly, known as the Communes. They began meeting independently from 11 May onwards, and from 13 June to 17 June, they were gradually joined by some members of the First and Second Estates, including nobles and clergy. On 17 June, this group proclaimed themselves as the National Assembly.
The National Assembly faced opposition from King Louis XVI and the Second Estate, who attempted to prevent their gatherings. On 20 June, the assembly, led by its president Jean-Sylvain Bailly, was forced to relocate to a tennis court, where they took the Tennis Court Oath, vowing not to separate until a constitution for the kingdom was established. This marked a significant step towards constitutionality and popular sovereignty, which were fundamental principles of the French Revolution.
The Assembly renamed itself the National Constituent Assembly on 9 July 1789, and it served as the governing body and constitution-drafter. With the storming of the Bastille on 14 July, the National Constituent Assembly effectively became the government of France, solidifying its power. The Assembly included figures such as Honoré Mirabeau, the Marquis de Lafayette, and Jean-Sylvain Bailly, who represented the interests of the middle classes and sympathized with the common people.
The National Constituent Assembly's primary objective was to draft a constitution, and it played a crucial role in reorganizing the social structure of France and legalizing itself. It abolished the previous tricameral structure and proposed a bicameral legislature, but this motion was defeated in favour of a unicameral system. The Assembly also had to navigate the question of the king's power, ultimately granting him a suspensive veto that could be overridden by three consecutive legislatures.
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The National Assembly's objectives
The National Assembly, formed in the Kingdom of France during the early stages of the French Revolution, had several objectives. Firstly, it sought to reorganize the social structure and establish a new governing body. This included abolishing the previous feudal geographic divisions and the tricameral structure of the Estates General, replacing it with a unicameral system. The Assembly aimed to redefine the French state, considering proposals such as a combination of the American and British systems or a unicameral or bicameral legislature.
One of the primary objectives of the National Assembly was to draft a written constitution for France, which would be the first of its kind in the country. This constitution was intended to uphold the principles of the French Revolution, such as adopting constitutionality and establishing popular sovereignty. The Assembly wanted to balance the interests of the people and the king, granting him a suspensive veto power to counter the potential self-interest of representatives.
The Assembly also sought to address the rights of citizens, distinguishing between "active citizens" with political rights and "passive citizens" with limited civil rights. This distinction was based on age, tax contributions, and property ownership. However, the Assembly's constitution fell short of modern egalitarian standards, as it did not grant women the same rights and liberties as men.
Additionally, the National Assembly aimed to address the role of the clergy and the nobility in the new social structure. They invited the clergy and some nobles to join the Assembly, but faced opposition from King Louis XVI and the Second Estate, who attempted to prevent their delegates from meeting. Despite these challenges, the Assembly persisted in its efforts to establish a new constitution that would shape the future of France.
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The National Assembly's influence
The National Assembly, formed on 17 June 1789, was a revolutionary assembly of the Kingdom of France. It was formed by the representatives of the Third Estate (commoners) of the Estates-General and was eventually joined by some members of the First and Second Estates. The Assembly renamed itself the National Constituent Assembly on 9 July 1789 and began to function as a governing body and a constitution-framer.
The National Assembly's primary objective was to draft a constitution for France, which was created after the collapse of the absolute monarchy of the Ancien Régime. The Assembly wanted to reorganize the social structure and legalize itself, abolishing the previous tricameral structure. The main controversies at the time surrounded the issues of what level of power to grant to the king and what form the legislature would take. The Assembly, as constitution-framers, were afraid that if only representatives governed France, it would be ruled by the representatives' self-interest. Thus, the king was allowed a suspensive veto to balance out the interests of the people.
The Declaration of the Rights of Man and of the Citizen, adopted on 26 August 1789, became the preamble of the constitution adopted on 3 September 1791. The Declaration offered sweeping generalizations about rights, liberty, and sovereignty. A twelve-member Constitutional Committee was formed on 14 July 1789, tasked with drafting the constitution's articles. The Constitution of 1791 distinguished between active citizens (over 25, paid direct taxes equal to three days' labor) with political rights, and passive citizens with only civil rights.
The National Assembly, as a governing body, had enormous influence. In the words of historian François Mignet, "The assembly had acquired the entire power; the corporations depended on it; the national guards obeyed it... the royal power, though existing of right, was in a measure suspended, since it was not obeyed, and the assembly had to supply its action by its own."
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The French Revolution's impact
The French Revolution, which began in 1789, had a profound impact on the country's political and social landscape. One of its key outcomes was the creation of a written constitution, which was a significant departure from the absolute monarchy that had previously ruled France. The National Assembly, formed by the representatives of the Third Estate (commoners) and later joined by some members of the First and Second Estates, played a pivotal role in drafting this constitution.
The National Assembly, also known as the National Constituent Assembly, became the effective government of France after the storming of the Bastille on July 14, 1789. The Assembly's main objective was to draft a constitution that embodied the principles of the French Revolution, including constitutionality and popular sovereignty. This constitution, adopted on September 3, 1791, was a fundamental step towards establishing a new political system in France.
The impact of the French Revolution on the constitution-drafting process was significant. The revolution brought an end to the feudal system and the Estates-General, replacing it with a more centralized administrative division. The previous geographic divisions were abolished, and the territory of the French state was reorganized into departments or "Départements". This reorganization reflected the revolution's goal of creating a more unified and efficient system of governance.
The revolution also influenced the power dynamics within the constitution. The National Assembly recognized the need to balance the interests of the people with those of the king. While representative democracy weakened the king's executive authority, the constitution granted him a suspensive veto to counterbalance the representatives' potential self-interest. This compromise was an attempt to navigate between maintaining the monarchy and embracing more democratic ideals.
Additionally, the French Revolution's impact extended beyond the political realm and into the social sphere. The Declaration of the Rights of Man and of the Citizen, which became the preamble to the constitution, promised equal rights for all subjects of the French Crown. However, the constitution ultimately fell short of this ideal, distinguishing between active citizens with political rights and passive citizens with limited civil rights. This distinction was based on property ownership and age, reflecting the social and economic inequalities that persisted despite the revolutionary ideals.
In conclusion, the French Revolution had a profound and lasting impact on the creation of the French constitution. It empowered the National Assembly to draft a constitution that reflected the ideals of the revolution, transformed the social and political landscape of France, and laid the foundation for a new system of governance. While the constitution fell short of complete egalitarianism, it was a significant step towards establishing a more democratic and representative political system in France.
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Frequently asked questions
Yes, the National Assembly, which existed from 17 June 1789 to 9 July 1789, was responsible for drafting the French Constitution of 1791. It was the first written constitution in France, created after the collapse of the absolute monarchy of the Ancien Régime.
The French Constitution of 1791 was based on the Declaration of the Rights of Man and of the Citizen, which was adopted on 26 August 1789. The Declaration offered broad statements about rights, liberty, and sovereignty. The Constitution also reorganized social structures, distinguishing between “active citizens” with political rights and “passive citizens” with only civil rights.
One of the main controversies was determining the level of power granted to the king, such as whether to give him a veto, suspensive, or absolute power. There were also debates about the form of the legislature, with the Constitutional Committee proposing a bicameral legislature, but this was ultimately defeated in favor of a unicameral system.
