Malcolm Rivera
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 passed in September 1791 and established a constitutional monarchy, redefining the organisation of the French government, citizenship, and the limits to the powers of government. 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. It was inspired by Enlightenment theories and foreign political systems and was influenced by the belief in a sovereign nation and equal representation. 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.
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What You'll Learn
The first written constitution in France
The Constitution of 1791 was the first written constitution in France. It was passed in September 1791 and established a constitutional monarchy in the country. The constitution was drafted by the National Constituent Assembly, a group of moderates who sought to create a better form of royal government rather than something radically new. Inspired by Enlightenment theories and foreign political systems, the National Assembly aimed to redefine the organisation of the French government, citizenship, and the limits of the government's powers.
The National Assembly, as 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 constitution also 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. However, the executive authority of the king was weakened by representative democracy.
The constitution made a distinction between "active citizens" and "passive citizens". Active citizens, who were over the age of 25 and paid direct taxes equal to three days' labour, had political rights. On the other hand, passive citizens only had civil rights. This distinction was intolerable to radical deputies such as Maximilien Robespierre, who could never be reconciled to the Constitution of 1791. Additionally, the constitution was not egalitarian by today's standards, as women lacked rights and liberties such as education, freedom of speech, writing, printing, and worship.
The process of drafting the constitution began after the Tennis Court Oath, when the National Assembly pledged not to disband until France had a working constitution. A twelve-member Constitutional Committee was formed on 14 July 1789 to draft the articles of the constitution. The committee proposed a bicameral legislature, but this motion was defeated in favour of a single-chamber legislature. The constitution was reluctantly accepted by King Louis XVI after very long negotiations. However, by the time it was adopted, it was already outdated, overtaken by the events of the revolution and growing political radicalism.
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Inspired by Enlightenment theories
The French Constitution of 1791 was the first written constitution in France. It was drafted by the National Assembly, a group of moderates who aimed to create a better form of royal government. The constitution was inspired by Enlightenment theories and foreign political systems. One of the key Enlightenment philosophers who influenced the Constitution of 1791 was Montesquieu, who proposed the idea of the separation of powers. According to Montesquieu, a government's power should be divided into distinct branches to prevent any single entity from becoming too powerful. This idea shaped the governmental structure outlined in the Constitution of 1791, which established three separate branches: the legislative, executive, and judicial powers.
The legislative power was delegated to the National Assembly, which was comprised of representatives elected by the people. The executive power was assigned to the King but was to be exercised with the help of ministers accountable to the government. The judiciary power was given to judges who were elected by the people, ensuring representation of the public in the judicial branch. This separation of powers aimed to establish a balance among the branches of government and prevent the abuse of authority.
Another Enlightenment philosopher who influenced the Constitution of 1791 was Jean-Jacques Rousseau, whose concept of popular sovereignty was reflected in the document. The Constitution of 1791 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, rather than divine right or national sovereignty. This revision of the monarchy's role reflected the Assembly's belief in a sovereign nation and equal representation.
The Constitution of 1791 also introduced a distinction between "active citizens" and "passive citizens". Active citizens were defined as males over the age of 25 who paid annual taxes equivalent to at least three days' wages, and they were entitled to vote and hold office. On the other hand, passive citizens did not have the right to vote or participate in governance. This distinction was based on property qualifications, which were common in 18th-century Europe. While the National Constituent Assembly's property qualifications extended voting rights to a significant number of Frenchmen, it fell short of the radicals' demands for universal suffrage.
Overall, the Constitution of 1791 in France was heavily influenced by Enlightenment theories, particularly the ideas of Enlightenment philosophers such as Montesquieu and Rousseau. It sought to redefine the organisation of the French government, establish a constitutional monarchy, and balance the powers of the different branches of government to protect the rights of citizens.
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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. It was drafted by the National Assembly, a group of moderates who aimed to create a better form of royal government rather than something radically new. The constitution redefined the organisation of the French government, citizenship, and the limits of the government's powers. It abolished many institutions that were considered harmful to liberty and equality of rights.
The constitution distinguished between active citizens and passive citizens. Active citizens were males over the age of 25 who paid annual taxes equivalent to at least three days' wages. They were entitled to vote and stand for office and had political rights. On the other hand, passive citizens had only civil rights and could not vote. This distinction was intolerable to radical deputies such as Maximilien Robespierre, who could never be reconciled to the Constitution of 1791.
The creation of these two classes of citizens led to tensions during the revolution. Passive citizens, particularly women, played a significant role in calling for more rights and refusing to conform to the ideals set forth by active citizens. Olympe de Gouges, for example, published her Declaration of the Rights of Woman and of the Female Citizen in 1791, drawing attention to the need for gender equality.
The Constitution of 1791 was drafted in the context of the French Revolution and inspired by Enlightenment theories and foreign political systems. It was intended to be a starting point for a new political system, rather than a fixed set of laws. The National Assembly, who drafted the constitution, wanted to balance the interests of the people and the king, Louis XVI. The king's power was reduced, and he was granted a suspensive veto, which could be overridden by three consecutive legislatures. His title was also changed 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.
Overall, the Constitution of 1791 was a significant document in the history of France, as it established a constitutional monarchy and recognised the rights and liberties of citizens. However, it was not egalitarian by today's standards, as it excluded women and poorer citizens from full participation in political life.
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The role of the king
The Constitution of 1791, France's first national constitution, was drafted by the National Assembly and turned the country into a constitutional monarchy. The Assembly wanted to retain the king, but as a figure whose executive power was subordinate to the law and the public good.
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, as the framers of the Constitution, believed that if only representatives governed France, the country was likely to be ruled by the representatives' self-interest. Therefore, the king was allowed a suspensive veto. The king and royal ministers made up the executive branch, while the judiciary was independent of the other two branches.
The main controversies early on surrounded the issues of what level of power to be granted to the king (i.e. veto, suspensive or absolute) and what form the legislature would take (i.e. unicameral or bicameral). One faction, dubbed the Monarchiens or 'English faction', favoured a bicameral legislature and the retention of strong executive powers for the king, including an absolute veto. The other faction wanted a unicameral legislature and a monarchy with very limited power. This second group won the day in the National Constituent Assembly.
The king's lack of interest in constitutional government caused problems for the new regime. 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.
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The rise of the Feuillants
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 early on were the level of power to be granted to the king and the form the legislature would take. The Constitution redefined the organisation of the French government, citizenship, and the limits to the powers of the government. It abolished many institutions that were considered injurious to liberty and equality of rights.
These deputies, unlike those who remained with the Jacobins, feared the radicalization of the Revolution, believing it would result in the destruction of the monarchy and of private property. The Feuillants formed a substantial group in the Legislative Assembly, elected in September 1791 to implement the newly written constitution. They sat on the right of the Assembly, indicating their conservative attitude, opposed the democratic movement, and upheld the constitutional monarchy.
However, the Jacobins gradually overshadowed the Feuillants, and the club disappeared when the insurrection of August 10, 1792, overthrew the monarchy. With the increasing unpopularity of the monarchy and the coming of war, the Feuillants became an irrelevance. Their anti-war and pro-monarchy stance made them unpopular in Parisian society. When the monarchy fell after the attack on the Tuileries Palace, many members of the Feuillants, including Barnave, were executed.
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Frequently asked questions
The Constitution of 1791 was the first written constitution in France, establishing a constitutional monarchy. It was passed in September 1791 and was inspired by Enlightenment theories and foreign political systems.
The main controversies included the level of power to be granted to the king and the form the legislature would take. The Constitutional Committee proposed a bicameral legislature, but this was defeated in favour of a single house. The committee also proposed an absolute veto for the king, but this was rejected in favour of a suspensive veto.
The Constitution of 1791 redefined the organisation of the French government, citizenship, and the limits of government power. It abolished many institutions that were considered injurious to liberty and equality of rights. It also established the National Assembly as a permanent legislative body, with the king and royal ministers forming the executive branch and an independent judiciary. The constitution also distinguished between ""active citizens" with political rights and "passive citizens" with only civil rights.
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