Jonah Patel
The French Constitution of 1791 was created by the National Assembly during the French Revolution. It 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, with about two-thirds of adult men having the right to vote for electors and certain local officials. The constitution was reluctantly accepted by King Louis XVI in September 1791, and it redefined the organisation of the French government, citizenship, and the limits of governmental powers.
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What You'll Learn
Established France as a constitutional monarchy
The French Constitution of 1791 established France as a constitutional monarchy. This was the first written constitution in France, created after the collapse of the absolute monarchy of the Ancien Régime.
The constitution redefined the organisation of the French government, citizenship, and the limits of the government's powers. It 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, defined as those over the age of 25 who paid direct taxes equal to three days' labour. This group had political rights, while "passive" citizens held only civil rights. About two-thirds of adult men had the right to vote for electors and to choose certain local officials directly.
The National Assembly, which was the legislative body, asserted its legal presence in the French government by establishing its permanence in the Constitution and forming a system for recurring elections. The king and royal ministers made up the executive branch, and the judiciary was independent of the other two branches.
The main controversies surrounding the drafting of the constitution included the level of power to be granted to the king and the form of the legislature. The Constitutional Committee proposed a bicameral legislature, but this was defeated in favour of a unicameral system. The motion for the king to hold an absolute veto was also defeated, and instead, he was granted a suspensive veto, which could be overridden by three consecutive legislatures.
The constitution was reluctantly accepted by King Louis XVI in September 1791. However, within a year, the monarchy had been overthrown, and the constitutional monarchy had effectively ended.
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Redefined citizenship
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 Declaration of the Rights of Man and of the Citizen, adopted on 26 August 1789, served as its preamble. The Declaration set out "natural and inalienable" rights, including freedom, ownership, security, resistance to oppression, equality before the law, and the justice system, as well as affirming the principle of separation of powers.
The Constitution of 1791 redefined the concept of citizenship by introducing the idea of "active" and "passive" citizens. Active citizens, who were men over the age of 25 and paid direct taxes equivalent to at least three days' labour, held political rights. On the other hand, passive citizens, typically the poorer members of society, only had civil rights. This distinction was not accepted by radical deputies such as Maximilien Robespierre, who could never reconcile with the Constitution because of this.
The Constitution also retained the monarchy, but sovereignty now resided in the Legislative Assembly, which was elected by a system of indirect voting. The king's power was significantly reduced, and he was given the title "King of the French" instead of "King of France", reflecting that his power came from the people and not from any divine right. The law became the highest authority, and the constitution established a system of recurring elections.
The Assembly, as the framers of the Constitution, allowed the king to retain a suspensive veto to balance the interests of the people and prevent self-interested rule by representatives. This, along with representative democracy, further weakened the king's executive authority. While the Constitution took steps towards equality, it was not egalitarian by today's standards, as it still distinguished between active and passive citizens and did not grant women rights such as education and freedom of speech.
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Limited the powers of government
The French Constitution of 1791 was the country's first attempt at a national constitution. Drafted by the National Assembly during the French Revolution, it aimed to redefine the organisation of the French government, citizenship, and the limits to the powers of government.
The Constitution of 1791 established a limited monarchy in France, placing the power with an elected Legislative Assembly while still retaining some authority for the king. This marked a significant change from the previous absolute monarchy, where the king had total control over the government. 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. While the king retained the right to form a cabinet and select and appoint ministers, the legislative powers now rested with the Legislative Assembly.
The National Assembly, led by Sieyès and Talleyrand, wanted a unicameral (single-chamber) legislature and a monarchy with very limited power. The Assembly's belief in a sovereign nation and in equal representation can be seen in the constitutional separation of powers. The constitution also abolished many "institutions which were injurious to liberty and equality of rights".
The franchise was restricted to "active" citizens who paid a minimal sum in taxes, creating a distinction between active citizens (over the age of 25, paid direct taxes equal to three days' labour) with political rights, and passive citizens with only civil rights. This effectively created a property qualification for voting rights, which was common in 18th-century Europe but would be considered unfair by today's standards of universal suffrage.
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 power that could be overridden by three consecutive legislatures.
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Amended the king's title
The French Constitution of 1791 was the country's first attempt at a national constitution and was created after the collapse of the absolute monarchy of the Ancien Régime. The constitution retained the monarchy, but the king's title was amended to "King of the French", and he was granted a reduced civil list. The constitution also allowed the king to select and appoint ministers and gave him a suspensive veto power. This meant that he could deny assent to bills and withhold this assent for up to five years. If, after this time, assent had not been granted by the king, the Assembly could enact the bill without his approval.
The main controversies surrounding the constitution early on were what level of power to grant to the king and what form the legislature would take. One faction, dubbed the Monarchiens or "English faction", favoured a bicameral (double chamber) legislature and the retention of strong executive powers for the king, including an absolute veto. Another group wanted a unicameral (single chamber) legislature and a monarchy with very limited power. This group, led by Sieyès and Talleyrand, ultimately prevailed in the National Constituent Assembly.
The constitution was drafted by the National Assembly, which was both a legislature and a constitutional convention. The Assembly's belief in a sovereign nation and in equal representation can be seen 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. 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, known as "Départements".
The Assembly, as the framers of the constitution, wanted to safeguard national sovereignty from the dangers of representation, so they permitted the monarch to veto legislative decrees and thus paralyse the Assembly. This led to the constitution only being workable with a "revolutionary king". When King Louis XVI 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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Abolished feudal geographic divisions
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 was drafted by the National Assembly, which was both a legislature and a constitutional convention.
The National Assembly's primary objective was to redefine the organisation of the French government, citizenship, and the limits to the powers of the government. The Assembly aimed to represent the interests of the general will and establish its legal presence in the French government.
One of the significant changes brought about by the 1791 Constitution was the abolition of feudal geographic divisions. Prior to the constitution, France was divided into feudal regions, with each region having its own customs, laws, and privileges. This system had been in place since the Middle Ages and created a fragmented and unequal society.
The National Assembly sought to create a more unified and centralised state. As such, the constitution formally abolished these feudal geographic divisions. The territory of the French state was reorganised into several administrative units or "Départements", based on the principle of centralism. This meant that the same laws, customs, and privileges would apply uniformly across the country, promoting equality and unity among the citizens.
The abolition of feudal geographic divisions was a crucial step towards establishing a modern and centralised French state. It marked a break from the past and laid the foundation for a more uniform and standardised system of administration and governance in France.
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Frequently asked questions
The French Constitution of 1791 was France's first attempt at a written national constitution.
The constitution was drafted to redefine the organisation of the French government, citizenship and the limits of the government's powers.
The constitution amended King 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. It also reduced his civil list, allowed him to select and appoint ministers and granted him a suspensive veto power.
The constitution abolished many institutions that were deemed to be "injurious to liberty and equality of rights". It also formally abolished the previous feudal geographic divisions and divided the territory of the French state into several administrative units, or 'Départements'.
The main controversies surrounded the issues of what level of power to grant the king and what form the legislature should take. The Constitutional Committee proposed a bicameral legislature, but this was defeated in favour of one house.
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