Eleanor Finch
The French Constitution of 1791 was created by the National Assembly and retained the monarchy, with sovereignty effectively residing in the Legislative Assembly. It guaranteed the right to life, freedom of speech, freedom of opinion, and equality before the law. However, it had several drawbacks. Firstly, it did not provide for fair representation as it excluded women from the right to vote and only allowed men above 25 years old to vote. Secondly, law-making power was entrusted to the Union government, which was not directly chosen by the public, leading to a lack of transparent and direct accountability. Finally, the constitution faced criticism for its treatment of citizenship, distinguishing between active citizens with political rights and passive citizens with only civil rights, which was intolerable to radical deputies such as Maximilien Robespierre.
| Characteristics | Values |
|---|---|
| Voting rights | Only men above the age of 25 were allowed to vote |
| Women were not allowed to vote | |
| The National Constituent Assembly's property qualifications would have extended voting rights to around 4.3 million Frenchmen | |
| Radicals in political clubs and sections demanded that voting rights be granted to all men, regardless of earnings or property | |
| A distinction was made between active citizens (over 25, paid direct taxes equal to three days's labor) with political rights, and passive citizens with only civil rights | |
| Law-making power | Entrusted to and exercised by the Union government, which was not directly chosen by the public |
| The king retained the right to form a cabinet and to select and appoint ministers | |
| The king was allowed a suspensive veto to balance out the interests of the people | |
| The king's executive authority was weakened | |
| The sovereignty effectively resided in the Legislative Assembly, which was elected by a system of indirect voting | |
| The Constitution was passed in September 1791 but had already been fatally compromised by the king's betrayal | |
| The king's title was changed from 'King of France' to 'King of the French' | |
| The king's spending was reduced by around 20 million livres |
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What You'll Learn
Only men over 25 could vote
The Constitution of 1791 was adopted in France in September 1791. It was the first written constitution in the country's history, defining and limiting the power of the government and protecting the rights of citizens. However, one of the drawbacks of this constitution was that only men over 25 could vote. This exclusion of women and younger men from the political process was a significant limitation on the democratic nature of the constitution.
The right to vote is a fundamental aspect of any democratic system, as it allows citizens to have a direct say in who governs them and how policies are made. By restricting the vote to men over 25, the Constitution of 1791 effectively disenfranchised a large portion of the French population, including all women and men under 25. This meant that the interests and perspectives of these excluded groups were not adequately represented in the political process.
The justification for this restriction is not entirely clear, but it may have been based on the belief that only those who met certain property qualifications should be allowed to vote. The National Constituent Assembly's property qualifications, for example, would have extended voting rights to around 4.3 million Frenchmen, but this still excluded women and younger men. There were also distinctions made between "active citizens" with political rights and "passive citizens" with only civil rights, which further limited the voting population.
The exclusion of women from the vote was particularly notable, as it indicated that they were not considered full citizens with equal rights under the law. Women lacked many liberties that were afforded to men, such as education, freedom of speech, and the right to worship. This inequality in voting rights contributed to a broader culture of gender inequality and discrimination in France at the time.
The restriction of the vote to men over 25 was not unique to the Constitution of 1791, as many other countries at the time had similar restrictions. However, this does not diminish the fact that it was a significant drawback that limited the democratic nature of the constitution and contributed to a culture of inequality and exclusion.
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Women lacked rights to liberties like education and freedom of speech
The Constitution of 1791 was a source of several drawbacks for women in France. One of the most significant was the lack of recognition of women's rights, including the right to education and freedom of speech.
Women were excluded from the category of citizens, and as a result, they were denied the right to vote and participate in the political process. This exclusion had a significant impact on women's access to education and freedom of speech.
At the time, there was a perception that women only needed to be beautiful and amiable, and that other roads to fortune were closed to them. This is reflected in the works of Olympe de Gouges, a self-educated butcher's daughter who wrote pamphlets and plays criticising the treatment of women. In her "Declaration of the Rights of Woman" in 1791, she addressed the Queen, Marie Antoinette, calling for women's rights to be respected and for an end to the treatment of women as objects.
De Gouges' declaration included a demand for equal access to education for women, recognising that education is a means to make real the equality of rights. She also emphasised the importance of communal sharing of property and the need for laws to protect women's rights, such as the right to truthfully claim paternity for their children.
While the French Constitution did recognise freedom of speech, it also allowed for legislation that limited this freedom in certain circumstances. This may have further hindered women's ability to speak out and advocate for their rights.
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The king retained executive powers
The Constitution of 1791, also known as the French Constitution of 1791, was a pivotal document that shaped the political landscape of France during a transformative era. While it introduced significant changes, one of its notable features was the retention of executive powers by the king, which became one of its drawbacks. Here's an examination of this aspect in detail:
Executive Powers of the King
The Constitution of 1791 marked a shift from the absolute monarchy that characterised the French political system before the revolution. While the constitution amended King Louis XVI's title to "King of the French," implying that his power derived from the people and the law rather than divine right, it retained notable executive powers for the monarch.
Retention of Executive Powers
The king's executive powers under the constitution included the right to form a cabinet and appoint ministers. This provision was a compromise between the competing factions within the Constitutional Committee. One faction, dubbed the Monarchiens or the "English faction," favoured a bicameral legislature and stronger executive powers for the king, including an absolute veto. The other faction, led by Emmanuel Sieyès and Charles de Talleyrand, advocated for a unicameral legislature and a monarchy with limited powers.
Limitations on Executive Authority
It's important to note that the constitution did impose some limitations on the king's executive authority. The king was granted a suspensive veto, which allowed him to balance the interests of the people against those of their representatives in the legislature. However, representative democracy inherently weakened the king's executive power.
Lack of Faith in the Constitution
By the time the Constitution of 1791 was adopted, it was already outdated due to the rapidly evolving political landscape of the French Revolution. King Louis XVI's infamous attempt to flee Paris and his expressed dissatisfaction with the constitution further undermined faith in the document. The monarch, by his actions, demonstrated a lack of commitment to the principles enshrined in the constitution, which proved to be a significant drawback.
Impact on Fair Representation
The retention of executive powers by the king contributed to the issues surrounding fair representation in the constitution. The law-making power was vested in the Union government, which lacked direct accountability to the public due to indirect elections. This dynamic, combined with the limited franchise that excluded women and younger men, created a system that fell short of ensuring proportionate and fair representation for the French populace.
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The constitution was outdated by the time it was adopted
The Constitution of 1791 was outdated by the time it was adopted in September 1791. The French Revolution, which began with the Storming of the Bastille on 14 July 1789, brought about radical political and social changes that transformed the country. The constitution, however, was drafted by a committee that included members of the nobility, many of whom would later be executed during the revolution. This committee was divided into two factions: one favoured a bicameral legislature and strong executive powers for the king, while the other wanted a unicameral legislature and a monarchy with limited powers. The latter group prevailed in the National Constituent Assembly, but by the time the constitution was adopted, it had already been overtaken by the rapid pace of revolutionary change and growing political radicalism.
The constitution's attempt to balance the powers of the king and the legislature appeared to be a compromise that ultimately satisfied no one. The king, Louis XVI, reluctantly accepted the constitution but later expressed his dissatisfaction with it, suggesting that he would make it unworkable. The monarch's betrayal during his failed attempt to escape Paris further undermined the constitution, as he showed no faith in the document that had already been established. This indicated a lack of commitment to the constitutional monarchy that the document outlined.
The Constitution of 1791 also faced criticism for its failure to provide fair representation. Only men above the age of 25 who paid direct taxes equal to three days' labour were allowed to vote, excluding a significant portion of the population from the political process. Women were particularly disenfranchised, lacking rights to liberties such as education, freedom of speech, and the right to vote. While the constitution guaranteed the right to life, freedom of speech, and equality before the laws, it made a distinction between "active citizens" with political rights and "passive citizens" with only civil rights, which was intolerable to radical deputies such as Maximilien Robespierre.
The National Constituent Assembly's property qualifications extended voting rights to around 4.3 million Frenchmen, but radicals in the political clubs and sections demanded universal male suffrage, regardless of earnings or property. The constitution's indirect form of elections also lacked transparent and direct accountability, as the law-making power was entrusted to the Union government, which was not directly chosen by the public. This further contributed to the perception that the Constitution of 1791 was outdated and inadequate in addressing the evolving political landscape of France at the time.
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The National Assembly lacked direct accountability
The Constitution of 1791 was a pivotal moment in French history, marking the end of the absolute monarchy and the birth of a constitutional monarchy. However, this document, which was meant to safeguard citizens' rights and curb government power, had several drawbacks. One of its most significant shortcomings was the lack of direct accountability of the National Assembly.
The National Assembly, tasked with drafting the Constitution, faced a delicate balance between preserving the monarchy and empowering the people. They chose to retain the monarchy while significantly limiting the king's powers. The king was granted a suspensive veto, which could be overridden by three consecutive legislatures, and his role was redefined as the 'King of the French', implying his power derived from the people and law, not divine right. However, this very structure led to a lack of direct accountability.
The National Assembly, in its effort to curb the king's powers, inadvertently created a system where law-making power rested with a Union government that was not directly chosen by the people. This government was brought to power through indirect forms of elections, creating a disconnect between the rulers and the ruled. The Assembly's fear of self-interested representatives led them to dilute the king's authority, but in doing so, they may have inadvertently reduced their direct accountability to the people.
Furthermore, the voting rights granted by the Constitution were limited. Only men above the age of 25 were allowed to vote, and there were additional property qualifications. While this extended voting rights to around 4.3 million Frenchmen, it excluded a significant portion of the population, including women and younger men, from the political process. This restricted franchise meant that the National Assembly did not truly represent the diversity of France, further exacerbating the lack of direct accountability.
The lack of direct accountability in the National Assembly was a symptom of the complex political climate of the time. The Assembly was navigating the tumultuous aftermath of the French Revolution, attempting to balance the demands of various factions and the desire for stability. Their efforts resulted in a constitution that, while groundbreaking in some aspects, fell short of establishing a truly representative and accountable government.
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Frequently asked questions
The Constitution of 1791 denied women and men under 25 the right to vote.
The king retained the right to form a cabinet and to select and appoint ministers. He was also granted a suspensive veto, which could be overridden by three consecutive legislatures.
The main controversies surrounded the issues of what level of power to be granted to the king and what form the legislature would take. The Constitution was also criticised for not providing for fair representation by way of vote.
