The Constitution Of 1791: A Short-Lived Framework

The French Constitution of 1791 was the first written constitution in France, created after the collapse of the absolute monarchy of the Ancien Régime. It retained the monarchy, but sovereignty effectively resided in the Legislative Assembly, which was elected by a system of indirect voting. The constitution was passed in September 1791, but by then, it was already outdated due to the revolution and growing political radicalism. The constitution lasted less than a year. A separate Constitution of 3 May 1791 was a written constitution for the Polish-Lithuanian Commonwealth, which was the first codified, modern constitution in Europe.

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The French Constitution of 1791

The constitution was drafted by a committee of the National Assembly, a group of moderates who aimed to create a better form of royal government rather than something radically new. The committee was faced with several controversies, including the level of power to be granted to the king of France and the form the legislature would take. The committee proposed a bicameral legislature, but this was defeated in favour of a unicameral (one house) legislature. The king's power was also a point of contention, with the committee initially proposing an absolute veto, which was defeated in favour of a suspensive veto.

The constitution amended Louis XVI's title from 'King of France' to 'King of the French', implying that his power came from the people and the law, rather than divine right or national sovereignty. The king retained the right to form a cabinet and select and appoint ministers, and was granted a reduced civil list of 25 million livres.

The constitution also addressed citizenship, separating the population into 'active citizens' with political rights, and 'passive citizens' with only civil rights. 'Active citizens' were males over the age of 25 who paid annual taxes equivalent to at least three days' wages, effectively a property qualification on voting rights. This distinction was intolerable to radical deputies such as Maximilien Robespierre, who could never be reconciled to the constitution.

By the time it was adopted, the constitution was already outdated, overtaken by the events of the revolution and growing political radicalism. The king's flight to Varennes in June 1791 also rendered the constitutional monarchy unworkable. The constitution was short-lived, with the onset of war and the threat of the revolution's collapse leading to the rise of radical Jacobin and republican conceptions. The constitutional monarchy was effectively ended by the 10 August insurrection, and a National Convention was called, declaring France a republic on 22 September 1792.

The first written constitution in France

The Constitution of 1791 was the first written constitution in France. It was created after the collapse of the absolute monarchy of the Ancien Régime. The constitution was passed on 3 September 1791, following the Tennis Court Oath, which asserted the National Assembly's permanence in the Constitution. The National Assembly, as the constitution-framers, were afraid that if only representatives governed France, it would likely be ruled by the representatives' self-interest. Hence, the king was allowed a suspensive veto to balance out the interests of the people.

The main controversies early on were the issues of what level of power to grant to the king of France and what form the legislature would take. The Constitutional Committee proposed a bicameral legislature, but the motion was defeated in favour of one house. The committee also proposed an absolute veto for the king, but this was defeated in favour of a suspensive veto, which could be overridden by three consecutive legislatures. 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 constitution retained the monarchy, but sovereignty effectively resided in the Legislative Assembly, which was elected by a system of indirect voting. The franchise was restricted to "active citizens" who paid a minimal sum in taxes, and about two-thirds of adult men had the right to vote for electors and choose certain local officials directly. The constitution also distinguished between active citizens (male property owners of a certain age) and passive citizens. Women lacked rights and liberties, including the right to education, freedom to speak, write, print, and worship.

By the time the constitution was adopted in the autumn of 1791, it was already outdated, overtaken by the events of the revolution and growing political radicalism. The onset of war and the threat of the revolution's collapse increased the influence of Robespierre, Danton, Marat, and the Paris Commune. 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. A National Convention was called, electing Robespierre as its first deputy, and France was declared a republic on 22 September 1792. Thus, the Constitution of 1791 lasted less than a year.

The role of the king

The Constitution of 1791 was France's first attempt at a national constitution, drafted by the National Assembly and adopted in September 1791. It was the first written constitution in France, created after the collapse of the absolute monarchy of the Ancien Régime.

The constitution amended Louis XVI's title from 'King of France' to 'King of the French'. This change implied that the king's power emanated from the people and the law, rather than from divine right or national sovereignty. The role of the king was a key concern during the drafting of the constitution, with the National Assembly aiming to balance the interests of the people while ensuring the king's executive power was subordinate to the law and the public good.

The king was allowed a suspensive veto, which meant he could deny assent to bills for up to five years. After this period, if assent was not granted, the Assembly could enact the bill without his approval. This veto power was intended to balance the interests of the people and curb the king's authority. However, it also created a contradiction, as it potentially allowed the king to paralyse the Assembly and act against the will of the nation.

The constitution also addressed the king's role in the legislative process. While the legislative body was delegated to the National Assembly, the king's sanction was required. The king could refuse his consent to decrees, but this refusal was only suspensive. The constitution further outlined that the legislative body could not be dissolved by the king.

Additionally, the king retained the right to form a cabinet and select and appoint ministers. The constitution granted him a civil list (public funding) of 25 million livres, a significant reduction from his spending before the revolution.

The Constitution of 1791 envisioned a constitutional monarchy, but the king's lack of interest in constitutional government and his betrayal of the constitution's principles ultimately undermined its success.

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The rights of citizens

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 constitution was drafted by a committee of the National Assembly, a group of moderates who aimed to create a better form of royal government. It was passed in September 1791, but by then, it had already been compromised by the king, Louis XVI, and the rise of radical Jacobin and republican conceptions.

The Constitution of 1791 was preceded by the Declaration of the Rights of Man and of the Citizen, which was adopted on 26 August 1789 and became the preamble of the 1791 Constitution. The Declaration set out the "natural and inalienable" rights of citizens, including freedom, ownership, security, and resistance to oppression. It recognised equality before the law and affirmed the principle of separation of powers. The Declaration also emphasised the importance of education, freedom of speech, writing, printing, and worship.

The Declaration of the Rights of Man and of the Citizen addressed the rights of citizens in relation to the government. It asserted the right of citizens to ascertain the need for public taxes, consent to them freely, and determine their proportion, basis, collection, and duration. Additionally, it recognised the right of society to ask public officials for an accounting of their administration. The Declaration also protected the right to property, stating that no one could be deprived of their property unless public necessity legally required it, and just compensation was provided.

The Constitution of 1791 introduced changes to the role of the king. Louis XVI's title was amended from 'King of France' to 'King of the French', indicating that his power derived from the people and law, rather than divine right or national sovereignty. The king retained the right to form a cabinet and appoint ministers. However, his spending was reduced by around 20 million livres compared to before the revolution.

The Constitution also addressed the issue of voting rights and franchise. The population was separated into two classes: 'active citizens' and 'passive citizens'. 'Active citizens', who were entitled to vote and hold office, were defined as males over 25 who paid annual taxes equivalent to at least three days' wages. This effectively created a property qualification for voting rights, which was common in 18th-century Europe.

The Constitution of 1791 was short-lived due to the ongoing French Revolution and the rise of political radicalism. By the time it was adopted, it was already outdated, and the constitutional monarchy proved unworkable. France was declared a republic on 22 September 1792, marking the end of the monarchy's power.

The influence of the Constitution

The Constitution of 1791 was the first written constitution in France, created after the collapse of the absolute monarchy of the Ancien Régime. It was passed in September 1791 and lasted less than a year. The constitution retained the monarchy, but sovereignty effectively resided in the Legislative Assembly, which was elected by a system of indirect voting.

The constitution was drafted by a committee of the National Assembly, a group of moderates who hoped to create a better form of royal government rather than something radically new. The main controversies early on were the level of power to be granted to the king of France and the form the legislature would take. The constitution amended Louis XVI's title from 'King of France' to 'King of the French', implying 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 was granted a suspensive veto to balance out the interests of the people.

The constitution was not egalitarian by today's standards. It distinguished between 'active citizens' (those entitled to vote and stand for office) and 'passive citizens' (those who were not). 'Active citizens' were males over the age of 25 who paid annual taxes equivalent to at least three days' wages. Representative democracy weakened the king's executive authority.

The Constitution of 1791 was the first of several attempts to create a written constitution for France. By the time it was adopted, it was already outdated, overtaken by the events of the revolution and growing political radicalism. However, it was a significant step towards establishing popular sovereignty and defining citizens' rights in relation to the government.

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