Isabella Carter
The French Revolution was a period of great political upheaval, resulting in the creation of numerous constitutions that experimented with different political systems. The first constitution, drafted in 1791, was a response to the collapse of the absolute monarchy of the Ancien Régime. This constitution established a parliamentary monarchy, with sovereignty residing in the Legislative Assembly. However, it was short-lived, as the onset of the French Revolutionary Wars and the growing influence of radical Jacobins led to the declaration of a republic in 1792. The subsequent constitutions of the Year I, Year III, Year VIII, Year X, and Year XII, each instituted different forms of government, ranging from the Directory to the Consulate and the First Empire. The Revolutionary Era witnessed a constant evolution of constitutional law, with the National Assembly and other groups vying for power and shaping the future of France.
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What You'll Learn
The Constitution of 1791
The National Assembly wanted to reorganize the social structure and legalise itself: while born of the Estates General of 1789, it had abolished the tricameral structure of that body. With the onset of war and the threat of the revolution's collapse, radical Jacobin and ultimately republican conceptions grew enormously in popularity, increasing the influence of Robespierre, Danton, Marat, and the Paris Commune.
The main controversies early on surrounded the issues of what level of power to be granted to the king of France (i.e. veto, suspensive or absolute) and what form the legislature would take (i.e. unicameral or bicameral). The Constitutional Committee proposed a bicameral legislature, but the motion was defeated on 10 September 1789 (849-89) in favour of one house. The next day, they proposed an absolute veto, but were again defeated (673-325) in favour of a suspensive veto, which could be overridden by three consecutive legislatures.
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Established a parliamentary monarchy
The French Revolution, which began in 1789, resulted from multiple long-term and short-term factors, culminating in a social, economic, financial, and political crisis. The French citizens were disgusted with the French aristocracy and the economic policies of King Louis XVI, which had left France on the brink of bankruptcy. The revolution aimed to redefine the French state and its values remain central to modern French political discourse.
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 established a constitutional monarchy, with the king retaining veto power and the ability to appoint ministers. The constitution was reluctantly accepted by King Louis XVI in September 1791. It abolished many institutions that were considered injurious to liberty and equality of rights and established the permanence of the National Assembly in the Constitution, forming a system for recurring elections. 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 main controversies during the drafting of the constitution surrounded the issues of what level of power to grant to the king and what form the legislature would take. The Constitutional Committee proposed a bicameral legislature, but this was defeated in favour of a unicameral legislature. The next day, they proposed an absolute veto for the king, but this was also defeated in favour of a suspensive veto, which could be overridden by three consecutive legislatures.
The constitution lasted less than a year. Many considered constitutional monarchy as incompatible with the principle of popular sovereignty. The king's use of his veto powers to protect non-juring priests and his refusal to raise militias in defence of the revolutionary government made the constitutional monarchy unworkable, and it was effectively ended by the 10 August insurrection. The monarchy was replaced by the French First Republic in September, and King Louis XVI was executed in January 1793.
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Redefined French government, citizenship and limits of government power
The Constitution of 1791 was the first written constitution in France, created after the collapse of the absolute monarchy of the Ancien Régime. It redefined the organisation of the French government, citizenship, and the limits of government power.
The National Assembly, which was formed by the Third Estate, had the goal of drafting a constitution. A twelve-member Constitutional Committee was formed to draft the articles of the constitution. The Constitution of 1791 retained the monarchy, but sovereignty resided in the Legislative Assembly, which was elected by a system of indirect voting. The franchise was restricted to "active" citizens, who were male property owners of a certain age and paid a minimal sum in taxes. This distinction between "active" and "passive" citizens meant that about two-thirds of adult men had the right to vote for electors and choose certain local officials directly. Women were deprived of rights and liberties, including the right to education and freedom of speech, writing, printing, and worship.
The Constitution of 1791 amended King 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 king retained the right to form a cabinet and select and appoint ministers. The constitution also addressed the question of whether the king would have the power to block laws passed by the legislature. This was resolved with debate and compromise, resulting in the king being granted a suspensive veto, which could be overridden by three consecutive legislatures.
The National Assembly asserted its legal presence in the French 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 Legislative 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. On a local level, the previous feudal geographic divisions were abolished, and the territory of the French state was reorganised.
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Retained the monarchy, but sovereignty resided in the Legislative Assembly
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 National Assembly, formed by the Third Estate, had the goal of drafting a constitution. A twelve-member Constitutional Committee was formed on 14 July 1789 to draft the articles of the constitution.
The Constitution of 1791 retained the monarchy, but the sovereignty 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, which amounted to about two-thirds of adult men. The king retained the right to form a cabinet and select and appoint ministers. However, 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 National Assembly wanted to reorganize the social structure and legalise itself. It abolished the previous tricameral structure of the Estates General, as well as the feudal geographic divisions, and established 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 other two branches.
The Constitution of 1791 was not egalitarian by today's standards. It distinguished between "active citizens" and "passive citizens". 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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Distinctions between active and passive 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 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. This amounted to about two-thirds of adult men, who had the right to vote for electors and to choose certain local officials directly.
The distinction between active and passive citizens was a significant aspect of the French Revolution. Active citizens were those who were entitled to vote and participate in the political process. To be considered an active citizen, an individual had to be male, at least 25 years old, pay taxes equal to three days' work, and not be a servant. This effectively limited the status of active citizens to male property owners. On the other hand, passive citizens were those who were excluded from political rights and did not have the right to vote. Passive citizens included women, children, men below 25 who didn't pay taxes, the poor, servants, enslaved people, and foreigners.
The creation of these two categories of citizenship reflected the belief of the deputies in the National Assembly that only those with tangible interests in the nation, such as property ownership, could make informed political decisions. This distinction was not without controversy, and many revolutionaries disliked the division between those with property and those without. Tensions arose between active and passive citizens during the revolution, with passive citizens, particularly women, advocating for greater rights and participation.
The French Constitution of 1791 and the Declaration of the Rights of Man and of the Citizen were meant to embody the ideals of the revolution, including liberty and equality of rights. However, the distinction between active and passive citizens highlighted the contradiction between the revolution's ideals and its failure to extend equal rights to all citizens, particularly women. Olympe de Gouges' Declaration of the Rights of Woman and of the Female Citizen, published in 1791, underscored the need for gender equality and the expansion of rights to women.
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Frequently asked questions
The French 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 retained the monarchy, but sovereignty resided in the Legislative Assembly, which was elected by a system of indirect voting.
The main controversies surrounding the Constitution of 1791 were the issues of what level of power to grant the king and what form the legislature would take. The Constitutional Committee proposed a bicameral legislature, but this was defeated in favour of a unicameral system. Another controversy was the question of citizenship and whether every subject of the French Crown would be given equal rights.
The Constitution of 1791 established a parliamentary monarchy. It 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. The constitution also abolished local feudal divisions and established a system for recurring elections.
The Constitution of 1791 was short-lived, lasting less than a year. However, it was a fundamental document in the French Revolution and the history of human and civil rights. It inspired future constitutions and led to experimentation with different political regime types in France, ranging from assembly regimes to reactionary dictatorships.
