Malcolm Rivera
The Constitution of 1791 was the first written constitution in France, created by the National Assembly during the French Revolution. It redefined the organisation of the French government, citizenship, and the limits of the government's powers. The constitution was passed in September 1791 and retained the monarchy, but sovereignty effectively resided in the Legislative Assembly. The franchise was restricted to active citizens who paid a minimal sum in taxes, which amounted to about two-thirds of adult men. The constitution lasted less than a year, as the onset of war and the threat of the revolution's collapse led to the rise of radical Jacobin and republican conceptions.
| Characteristics | Values |
|---|---|
| First written constitution in France | Yes |
| Established | Autumn of 1791 |
| Drafted by | National Constituent Assembly |
| Type of government | Constitutional monarchy |
| Powers of the government | Limited |
| Rights | Citizens' rights defined |
| Voting rights | Restricted to "active citizens" who paid taxes |
| Voting rights for active citizens | Males over the age of 25 who paid annual taxes equivalent to at least three days' wages |
| King's title | "King of the French" |
| King's power | Executive right to block any legislation |
| Legislative body | National Assembly |
| Executive branch | King and royal ministers |
| Judiciary | Independent of the other two branches |
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What You'll Learn
The French Constitution of 1791 was the first written constitution in France
The constitution redefined the organisation of the French government, citizenship, and the limits of the government's powers. It abolished institutions that were deemed to be "injurious to liberty and equality of rights". The National Assembly's legal presence in the French government was established through the constitution, and a system of recurring elections was also formed. The constitution also amended King Louis XVI's title from 'King of France' to 'King of the French', implying that the king's power derived from the people and the law, rather than divine right or national sovereignty.
The constitution separated the population into two classes: 'active citizens' (those entitled to vote and stand for office) and 'passive citizens' (those who were not). 'Active citizens' were males over the age of 25 who paid annual taxes equivalent to at least three days' wages. This was effectively a property qualification for voting rights, which, while common in 18th-century Europe, seems unfair by today's standards of universal suffrage.
The French Constitution of 1791 was short-lived, lasting less than a year. Despite King Louis XVI's acceptance of the constitution, his actions showed a lack of faith in it, and the rise of radical Jacobin and republican ideas further undermined its effectiveness.
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It redefined the organisation of the French government
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 the government's powers.
The constitution retained the monarchy, but sovereignty now 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; about two-thirds of adult men had the right to vote for electors and to choose certain local officials directly. "Active citizens" were males over the age of 25 who paid annual taxes equivalent to at least three days' wages. This was a property qualification on voting rights, which was common in 18th-century Europe.
The constitution amended Louis XVI's title from "King of France" to "King of the French". This implied 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 constitution did not grant him the power to block laws passed by the legislature.
The National Assembly, 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. On a local level, the previous feudal geographic divisions were formally abolished.
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It established the rights of citizens
The Constitution of 1791 was the first written constitution in France, created after the collapse of the absolute monarchy of the Ancien Régime. It established the rights of citizens, redefining the organisation of the French government, citizenship, and the limits to the powers of government. The constitution was passed in September 1791 and was the first of several attempts to create a written constitution for France. It was inspired by Enlightenment theories and foreign political systems and was drafted by a committee of the National Assembly, a group of moderates who wanted to create a better form of royal government.
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; about two-thirds of adult men had the right to vote for electors and to choose certain local officials directly. "Active citizens" were defined as males over the age of 25 who paid annual taxes equivalent to at least three days' wages. This was a property qualification on voting rights, which was common in 18th-century Europe. "Passive citizens", on the other hand, had only civil rights and no political rights.
The constitution also revised the role of the king. Louis XVI's title was amended 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. The constitution also reduced the king's spending by granting him a civil list (public funding) of 25 million livres, a reduction of around 20 million livres from his spending before the revolution.
The constitution also abolished many "institutions which were injurious to liberty and equality of rights". The National Assembly established its legal presence in the French government by asserting 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 other two branches.
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It revised the role of the king
The Constitution of 1791 was France's first attempt at a national constitution, outlining the new government's structure and powers. It redefined the organisation of the French government, citizenship, and the limits to the government's powers. The constitution amended King 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 constitution's impact on the king's role was significant. While the king retained executive power and the right to form a cabinet and appoint ministers, the power now emanated from the people and the law. The constitution also addressed the king's spending, reducing his budget by around 20 million livres compared to his spending before the revolution.
The National Assembly, which drafted the constitution, had to grapple with defining the king's political powers and finding a constitutional role for him. They had to decide whether he would remain an active participant with significant powers or become a mere figurehead. The Assembly wanted to ensure that the king's executive power was subordinate to the law and the public good, and this presented challenges as the king showed little interest in constitutional government.
The constitution granted the king a suspensive veto, allowing him to deny or withhold assent to bills for up to five years. This veto power proved controversial, as some believed it paralysed the Assembly and contradicted the principles of the revolution. 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 became unworkable, and France was declared a republic in September 1792.
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It lasted less than a year
The Constitution of 1791 was the first of several attempts to create a written constitution for France. It was passed in September 1791, establishing a constitutional monarchy in the country. However, the Constitution lasted less than a year as it was already outdated by the time it was adopted. The onset of war, the threat of the revolution's collapse, and the growing influence of radical ideas and political clubs made the Constitution's moderate provisions seem inadequate.
One of the main controversies during the drafting of the Constitution was the level of power to be granted to the king. The Constitutional Committee proposed granting the king an absolute veto, but this was defeated in favour of a suspensive veto. This decision was a significant factor in the Constitution's short lifespan. The king, Louis XVI, reluctantly accepted the Constitution, but he had no intention of upholding it. He believed it had "a great many defects" and intended to make it "unworkable".
The Constitution 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 or national sovereignty. While the king retained the right to form a cabinet and appoint ministers, his spending was reduced by around 20 million livres. The suspensive veto allowed him to deny assent to bills for up to five years, after which the Assembly could enact the bill without his approval.
As events unfolded, Louis XVI's use of his veto powers frustrated the will of the nation, and the constitutional monarchy proved unworkable. On 10 August, an insurrection ended the monarchy, and a National Convention declared France a republic on 22 September 1792, effectively ending the reign of the Constitution of 1791.
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Frequently asked questions
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 redefined the organisation of the French government, citizenship and the limits to the powers of the government. It abolished many “institutions which were injurious to liberty and equality of rights”. 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 franchise was restricted to “active citizens” who paid a minimal sum in taxes; about two-thirds of adult men had the right to vote for electors and to choose certain local officials directly. "Active citizens" were defined as males over the age of 25 who paid annual taxes equivalent to at least three days’ wages.
