Simone Lawson
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 was drafted by the National Constituent Assembly and passed in September 1791. The constitution redefined the organisation of the French government, citizenship, and the limits to the powers of the government, with sovereignty effectively residing in the Legislative Assembly. The constitution was reluctantly accepted by King Louis XVI, who had unsuccessfully tried to flee France in June 1791, rendering the constitutional monarchy unworkable.
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What You'll Learn
- The French Constitution of 1791 was the first written constitution in France
- The constitution retained the monarchy, but sovereignty resided in the Legislative Assembly
- The franchise was restricted to active citizens who paid a minimum sum in taxes
- The constitution amended Louis XVI's title to King of the French, implying his power came from the people
- The constitution was not egalitarian; it distinguished between active and passive citizens, and all women were deprived of rights and liberties
The French Constitution of 1791 was the first written constitution in France
The deputies of the Third Estate believed that any reforms to the French state must be outlined in and guaranteed by a written constitution. This document would become the fundamental law of the nation, defining and limiting the power of the government and protecting the rights of citizens. The Assembly had two options: they could modify the existing unwritten constitution, which was centred on the three estates of the Estates General, or they could rewrite it completely.
The Constitution of 1791 was drafted by the National Constituent Assembly and passed in September 1791. 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 minimum amount of taxation. 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 king retained the right to form a cabinet and select and appoint ministers. He was also 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 and freedom of speech, writing, printing, and worship. On a local level, previous feudal geographic divisions were formally abolished, and the territory of the French state was divided into several administrative units with the principle of centralism.
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The constitution retained the monarchy, but sovereignty 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. It was drafted by the National Assembly, a group of moderates who wanted to create a better form of royal government rather than something radically new. The constitution retained the monarchy, but the king's power was amended, with sovereignty now effectively residing in the Legislative Assembly.
The constitution redefined the organisation of the French government, citizenship, and the limits to the powers of government. The National Assembly asserted its legal presence in 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 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 two other branches.
The constitution retitled Louis XVI as the "King of the French", implying that his 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 to select and appoint ministers. He was also granted a suspensive veto to balance out the interests of the people, which could be overridden by three consecutive legislatures.
Voting rights were restricted to "active citizens", male property owners of a certain age who paid a minimum amount of taxation. This distinction between active and passive citizens was intolerable to radical deputies such as Maximilien Robespierre, and they could never be reconciled to the Constitution of 1791. The constitution was also not egalitarian by today's standards, as 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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The franchise was restricted to active citizens who paid a minimum sum in taxes
The French Constitution of 1791 was the country's first attempt at a written national constitution. It was drafted by the National Assembly, which was formed by the Third Estate in 1789. The Assembly's primary objective was to draft a constitution that would serve as the fundamental law of the nation, defining and limiting the power of the government and protecting the rights of citizens.
The franchise was restricted to "active citizens" who paid a minimum sum in taxes. This distinction between active and passive citizens was a highly controversial aspect of the constitution. Active citizens, who were male property owners over the age of 25, had political rights, while passive citizens only had civil rights. Passive citizens included all women, who were deprived of rights and liberties, including the right to education and freedom of speech, writing, printing, and worship.
The property qualifications set by the National Assembly extended voting rights to around 4.3 million Frenchmen, or about two-thirds of adult men. This meant that only those who could afford to pay a minimum amount of taxation could participate in the political process, excluding a significant portion of the population from having a say in how they were governed.
The issue of citizenship rights was a contentious one, with radicals in the political clubs and sections demanding that voting rights be granted to all men, regardless of earnings or property. Ultimately, the National Assembly's decision to restrict the franchise to active citizens reflected their belief in a sovereign nation and in equal representation, as they worked to redefine the social structure and legalize themselves as a legislative body.
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The constitution amended Louis XVI's title to King of the French, implying his power came from the people
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 was drafted by the National Assembly, a group of moderates who wanted to create a better form of royal government. The constitution redefined the organisation of the French government, citizenship, and the limits of the government's powers. It abolished many institutions deemed "injurious to liberty and equality of rights".
The constitution amended Louis XVI's title from 'King of France' to 'King of the French'. This implied that the king's power derived from the people and the law, rather than from divine right or national sovereignty. The king retained certain executive powers, including the right to form a cabinet and select and appoint ministers. He was also granted a suspensive veto to balance the interests of the people, which could be overridden by three consecutive legislatures.
The issue of the king's power was a significant point of controversy during the drafting of the constitution. The Constitutional Committee proposed a bicameral legislature, but this was defeated in favour of a unicameral (one house) system. Similarly, the committee proposed an absolute veto for the king, but this was also defeated in favour of a suspensive veto.
The constitution was reluctantly accepted by Louis XVI in September 1791. However, the king's flight to Varennes in June 1791 rendered the constitution unworkable, and the constitutional monarchy was effectively ended by the 10 August insurrection. The constitution was short-lived, as France was declared a republic in September 1792, requiring a new constitution.
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The constitution was not egalitarian; it distinguished between active and passive citizens, and all women were deprived of rights and liberties
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 was drafted by the National Constituent Assembly and passed in September 1791. The constitution redefined the organisation of the French government, citizenship, and the limits to the powers of the government. It abolished many institutions deemed "injurious to liberty and equality of rights".
However, the constitution was not egalitarian. It distinguished between active and passive citizens, with only active citizens holding political rights. To be an active citizen, one had to be a male property owner over the age of 25 and pay direct taxes equal to three days' labour. Passive citizens, on the other hand, only had civil rights. This distinction excluded a significant portion of the population from full political participation and contradicted the ideals of the French Revolution, which emphasised equality and popular sovereignty.
Furthermore, the constitution deprived all women of rights and liberties, including the right to education and freedom of speech, writing, printing, and worship. This exclusion of women from the political process further undermined the egalitarian principles that were meant to underpin the new constitution.
The issue of citizenship was a highly controversial aspect of the constitution. The Declaration of Rights of Man and Citizen, which served as a preamble to the constitution, promised equal rights for all. However, the constitution's restriction of political rights to active citizens contradicted this promise, leading to criticism and dissatisfaction among more radical elements, such as Maximilien Robespierre, who could never reconcile themselves to the Constitution of 1791.
The constitution also redefined the role of the king, amending 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, not from divine right or national sovereignty. The king retained certain powers, such as the right to form a cabinet and appoint ministers, and was granted a suspensive veto to balance the interests of the people.
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Frequently asked questions
The French Constitution of 1791 was France's first attempt at a written national constitution. It was drafted by the National Constituent Assembly and passed in September 1791. It redefined the organisation of the French government, citizenship and the limits to the powers of the government.
The main controversies surrounded the level of power to be granted to the king of France, the form the legislature would take, and whether every subject of the French Crown would be given equal rights.
The Constitution of 1791 was France's first written constitution, but it was already outdated by the time it was adopted. It retained the monarchy, but sovereignty effectively resided in the Legislative Assembly. The franchise was restricted to "active citizens" who paid a minimum amount of tax. The constitution also amended Louis XVI's title from "King of France" to "King of the French", implying that his power came from the people and law, not divine right or national sovereignty.
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