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 a committee of the National Assembly, a group of moderates who aimed 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 over the age of 25 who paid a minimal sum in taxes, while all women were deprived of rights and liberties. The constitution also 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 rather than divine right. The French Constitution of 1791 was short-lived, lasting less than a year before France was declared a republic in September 1792, leading to the creation of a new constitution.
| Characteristics | Values |
|---|---|
| Year of constitution | 1791 |
| First written constitution in France | Yes |
| Date of adoption | 3 September 1791 |
| Date of acceptance by King Louis XVI | September 1791 |
| Date National Assembly formed | 13 June 1789 |
| Date Constitutional Committee convened | 14 July 1789 |
| Date of Tennis Court Oath | 20 June 1789 |
| Date of Declaration of the Rights of Man and of the Citizen | 26 August 1789 |
| Date of October Days | 5-6 October |
| Date of Champ de Mars Massacre | 17 July 1791 |
| Date France declared a republic | 22 September 1792 |
| Date of end of monarchy | 1848 |
| Date of new constitution | 4 November 1848 |
| Date of executive power delegated to the president | 1848 |
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What You'll Learn
The French Constitution of 1791
The constitution also amended King Louis XVI's title from "King of France" to "King of the French", implying that his power emanated from the people and the law rather than divine right or national sovereignty. The king retained the right to form a cabinet and appoint ministers, but his spending was reduced by around 20 million livres compared to before the revolution. Another key issue was the extent of the king's veto power over the legislature. The Constitutional Committee initially proposed an absolute veto, but this was defeated in favour of a suspensive veto that could be overridden by three consecutive legislatures.
The process of drafting the constitution involved several committees, including the twelve-member Constitutional Committee convened on 14 July 1789, coincidentally the day of the Storming of the Bastille. A second Constitutional Committee was formed after the first one faced controversy over the issue of citizenship. The Committee of Revisions, established in September 1790, was tasked with clarifying the decrees of the National Assembly, which served as both a legislature and a constitutional convention. After lengthy negotiations, King Louis XVI reluctantly accepted the constitution in September 1791. However, the constitution lasted less than a year as the revolutionary context and growing radicalism rendered it obsolete.
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The role of the king
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 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 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, defined as male property owners of a certain age 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. The king and royal ministers made up the executive branch, and the judiciary was independent of the other two branches.
The constitution was reluctantly accepted by King Louis XVI in September 1791, turning the absolute monarchy into a constitutional monarchy. However, the constitutional monarchy proved unworkable when the king used his veto powers to protect non-juring priests and refused to raise militias in defence of the revolutionary government. This ultimately led to the insurrection of 10 August 1792, during which the Tuileries Palace was stormed, and the Legislative Assembly suspended the constitutional monarchy. The monarchy was officially abolished on 21 September 1792, bringing an end to 203 years of consecutive Bourbon rule in France.
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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 inspired by Enlightenment theories and foreign political systems, such as the United States Constitution, which had been drafted in 1787. The French Constitution was drafted by a committee of the National Assembly, a group of moderates who wanted to create a better form of royal government.
One of the main controversies during the drafting process was the level of power to be granted to the king of France. The National Assembly wanted to reorganize the social structure and legalize itself, but with the onset of war and the threat of the revolution's collapse, more radical ideas gained popularity, and the influence of figures like Robespierre, Danton, Marat, and the Paris Commune grew.
The Constitution of 1791 ultimately distinguished between active citizens and passive citizens. Active citizens were men who were French, at least 25 years old, paid taxes equal to three days's work, and could not be defined as servants. They held political rights and had the right to vote and participate actively in the government. Passive citizens, on the other hand, only had civil rights. Women, in particular, were strong passive citizens who played a significant role in the revolution. They started to call for more rights and refused to conform to the ideals set forth by active citizens.
The creation of the Constitution of 1791 was a significant moment in the French Revolution, as it was the first written constitution in France and established a new social structure and balance of power. However, it was already outdated by the time it was adopted, as the revolution and political radicalism had continued to evolve. The distinction between active and passive citizens also proved controversial, with radical deputies like Robespierre refusing to reconcile with the Constitution because of this distinction.
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Influence of the Enlightenment
The French Constitution of 1791 was heavily influenced by the Enlightenment, which occurred in the decades preceding the 1789 outbreak of the French Revolution. The Enlightenment was a European intellectual and philosophical movement that valued knowledge gained through rationalism and empiricism. It was concerned with a wide range of social and political ideals, including natural law, liberty, progress, toleration, fraternity, constitutional government, and the separation of church and state. These ideas had a profound effect on the French Revolution and its quest for a written constitution.
The Enlightenment's focus on rationalism and empiricism led to the belief that government must be founded on rational principles and organised in a way that best serves the people. This idea was championed by Enlightenment philosophers such as John Locke, Baron de Montesquieu, Thomas Paine, and Jean-Jacques Rousseau. They advocated for a written constitution that would define the structures and powers of government, as well as provide rules and instructions for its operation. The French revolutionaries embraced these ideas and sought to create a constitution that would protect the rights of citizens and limit the power of the government.
The Declaration of the Rights of Man and of the Citizen, adopted by the National Assembly on 26 August 1789, was a key manifestation of Enlightenment ideals in the French Revolution. This declaration directly challenged the authority of Louis XVI and set out a series of individual rights protected by law. It offered sweeping generalizations about rights, liberty, and sovereignty, reflecting the Enlightenment's emphasis on natural law, liberty, and progress. The declaration became the preamble of the French Constitution of 1791, demonstrating the direct influence of Enlightenment ideas on the constitutional process.
The Enlightenment's influence can also be seen in the revised role of the king in the French Constitution of 1791. 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, rather than divine right or national sovereignty. This change reflected the Enlightenment's concern with limiting the power of the monarchy and ensuring that government power was subordinate to both the law and the public good. The constitution also reduced the king's spending and granted him a suspensive veto, which could be overridden by three consecutive legislatures.
Overall, the Enlightenment had a significant influence on the French Constitution of 1791, shaping its underlying principles, its commitment to individual rights and popular sovereignty, and its efforts to balance power between the monarchy and the people. The ideas and achievements of the Enlightenment provided a framework for the French revolutionaries to create a more just and representative political system.
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The National 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 a committee of the National Assembly, a group of moderates who wanted to create a better form of royal government. The National Assembly, formed on 17 June 1789, was a revolutionary assembly of the Kingdom of France, comprising representatives of the Third Estate (commoners) of the Estates-General. Some members of the First and Second Estates also joined the Assembly.
The main controversies surrounding the constitution involved the level of power to be granted to the king and the form the legislature would take. The Constitutional Committee proposed a bicameral legislature and an absolute veto for the king, but these motions were defeated. The Committee also faced controversy over the issue of citizenship and whether every subject of the French Crown should be granted equal rights.
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Frequently asked questions
The second constitution of France, proclaiming a democratic republic, direct universal suffrage, and the separation of powers, was adopted on 4 November 1848.
The second constitution was adopted after the February Revolution in 1848, which was part of a mass revolutionary wave across Europe. France's King Louis-Philippe was overthrown, and the country was challenged by a mixture of radicals and socialists who criticised the monarchy for being insufficiently democratic.
The second constitution established a republican political system with an elected president as its chief executive, rather than a monarch. It also granted universal suffrage, which was beneficial to reactionaries, leading to the election of Louis-Napoléon Bonaparte as president.
The second constitution lasted until 1852, just four years after it was adopted.
