Eleanor Finch
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 by the representatives of the Third Estate, wanted to retain the king but ensure that his executive power was subordinate to the law and the public good. The constitution was reluctantly accepted by King Louis XVI in September 1791, but it was short-lived. It abolished many institutions defined as injurious to liberty and equality of rights, but it was not egalitarian by today's standards. Following the onset of the French Revolutionary Wars and the August 10 Insurrection, a National Convention declared France a republic on September 22, 1792, necessitating a new constitution.
| Characteristics | Values |
|---|---|
| Year | 1791 |
| Type of Government | Constitutional monarchy |
| Powers of the King | Suspensive veto |
| Legislature | Unicameral |
| Rights | Not egalitarian by today's standards |
| Equality | Abolished feudal geographic divisions |
| Election | Universal male suffrage |
| Duration | Less than a year |
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What You'll Learn
The French Constitution of 1791
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 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 other two branches.
The constitution abolished many "institutions which were 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 "Départements". The Assembly, as the framers of the constitution, wanted to ensure that the king's executive power was subordinate to the law and the public good. They decided to grant the king a suspensive veto, which could be overridden by three consecutive legislatures.
The Constitution of 1791 lasted less than a year. 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. A National Convention was called, electing Robespierre as its first deputy, and France was declared a republic on 22 September 1792.
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The collapse of the absolute monarchy
In the 18th century, the relocation of nobles and the decline of Versailles as the center of power created space for a rising merchant class and a provocative press. The American Revolution and the costly wars with European neighbors also contributed to political and social unrest. King Louis XVI's financial difficulties and the "Diamond Necklace Affair" scandal of 1784 damaged his authority and led him to consult representative bodies, diluting his absolute power.
The creation of a French-language edition of the American Constitution in 1783, at Benjamin Franklin's request, exposed Queen Marie-Antoinette to the ideas of a successful revolution. However, she blocked moderate reforms in France. The theoretical power of the absolute monarchy collapsed by 1789, with Louis XVI facing legislative and military impotence. The National Assembly, formed in 1789, began drafting the French Constitution, aiming to adopt constitutionality and establish popular sovereignty.
The Constitution of 1791, France's first written constitution, retained the monarchy but transferred sovereignty to the Legislative Assembly, which was elected by indirect voting. The king was given a veto power, but his lack of interest in constitutional government and his betrayal of the constitution caused further issues. The constitutional monarchy ended with the 10 August insurrection, when the king used his veto powers to protect non-juring priests and refused to raise militias for the revolutionary government. This led to the declaration of France as a republic on 22 September 1792.
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The National Assembly
The Third Estate, comprising the common people, believed that any reforms to the French state must be outlined and guaranteed by a written constitution. On 17 June 1789, the Third Estate declared themselves to be the National Assembly, inviting the other estates to join them. On 20 June, the members of the National Assembly took the Tennis Court Oath, pledging not to disband until a constitution was established.
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The king's betrayal
The French Constitution of 1791 was the first written constitution in France, marking a significant shift from the absolute monarchy of the Ancien Régime. While the constitution retained the monarchy, it effectively vested sovereignty in the Legislative Assembly, which was elected through indirect voting. This assembly was comprised of "'active citizens'" who met the criteria of paying a minimal sum in taxes, resulting in around two-thirds of adult men being granted the right to vote for electors and select local officials.
The National Assembly, tasked with drafting the constitution, faced a significant challenge in determining the role and powers of the king within the new constitutional framework. Two factions emerged: one advocating for a bicameral legislature with strong executive powers for the king, and the other favouring a unicameral legislature with limited monarchy power. The latter group prevailed, and the king was granted a suspensive veto to balance the interests of the people, while his executive authority was curtailed by representative democracy.
However, King Louis XVI's commitment to the constitutional monarchy was questionable. He reluctantly accepted the constitution, and his actions indicated a lack of faith in it. The king's attempt to flee France in the Flight to Varennes and his use of veto powers to protect non-juring priests further strained the situation. Ultimately, the constitutional monarchy proved unworkable, and the National Convention, elected by universal male suffrage, declared France a republic on September 22, 1792, just a year after the constitution was adopted.
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The rise of the republic
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 by the representatives of the Third Estate, was determined to outline reforms to the French state in a written constitution. This document would define and limit the power of the government and protect the rights of citizens.
The main controversies at the time surrounded the level of power to be granted to the king and the form of the legislature. The Assembly wanted to retain the king but ensure his executive power was subordinate to the law and the public good. The Assembly was also concerned that if only representatives governed France, they would be motivated by their own self-interests. Thus, the king was allowed 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" (male property owners of a certain age) and "passive citizens". All women were deprived of rights and liberties, including the right to education, freedom of speech, writing, printing, and worship. On a local level, previous feudal geographic divisions were abolished, and the territory of the French state was divided into several administrative units with the principle of centralism.
The constitution was passed in September 1791 but was already compromised by the king's lack of faith in it. King Louis XVI had no interest in constitutional government and made it clear that he did not support the constitution. The constitutional monarchy proved unworkable when the king used his veto powers to protect non-juring priests and refused to raise militias in defence of the revolutionary government. The formal end of the monarchy came with the August 10 Insurrection, when the Tuileries Palace was stormed by the National Guard of the insurrectional Paris Commune. A National Convention was called, and France was declared a republic on 22 September 1792.
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Frequently asked questions
No, the French Constitution of 1791 retained the monarchy, but sovereignty effectively resided in the Legislative Assembly.
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 main controversies surrounded the level of power to be granted to the king of France and the form of the legislature. 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 theoretically promised.
No, the French Constitution of 1791 was short-lived. Following the onset of the French Revolutionary Wars and the August 10 Insurrection, a National Convention declared France a republic on September 22, 1792, which meant that France needed a new constitution a year after agreeing on the 1791 Constitution.
