Simone Lawson
The French Constitution of 1791, also known as the Constitution française du 3 septembre 1791, was the first written constitution in France. It was created by the National Assembly, a revolutionary assembly formed by representatives of the Third Estate, or the common people of France, during the French Revolution. The National Assembly began the process of drafting the constitution after the Tennis Court Oath, in which they swore not to disband until they had settled on a new constitution. The constitution was accepted by King Louis XVI in September 1791, and it redefined the organisation of the French government, citizenship, and the limits of the government's powers.
| Characteristics | Values |
|---|---|
| Year | 1791 |
| Name | Constitution of 1791 |
| Country | France |
| Type of Government | Constitutional monarchy |
| Type of Assembly | National Assembly |
| Previous Government | Absolute monarchy |
| Date of Formation of Assembly | June 17, 1789 |
| Date of Oath | June 20, 1789 |
| Date of Constitution Declaration | August 26, 1789 |
| Date of Constitution Adoption | September 3, 1791 |
| Date of Acceptance by King Louis XVI | September 1791 |
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What You'll Learn
The French Constitution of 1791
The constitution was reluctantly accepted by King Louis XVI in September 1791. It redefined the organisation of the French government, citizenship, and the limits of the government's powers. The National Assembly asserted its legal presence in the government by establishing its permanence in the constitution and forming a system for recurring elections. The Assembly's belief in a sovereign nation and equal representation was reflected in the constitutional separation of powers. The legislative body was the National Assembly, the executive branch was made up of the king and royal ministers, and the judiciary was independent of the other two branches.
The constitution was not egalitarian by today's standards. It retained the monarchy, but sovereignty 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, and who had political rights. "Passive citizens" had only civil rights. Women lacked rights and liberties such as education, freedom to speak, write, print, and worship.
The Assembly was afraid that if only representatives governed France, it would be ruled by the representatives' self-interest. Therefore, the king was allowed a suspensive veto to balance the interests of the people. However, representative democracy weakened the king's executive authority.
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The Tennis Court Oath
On 20 June 1789, the National Assembly, formed by representatives of the Third Estate, found the doors of their meeting hall locked. Unaware that the meeting with the other estates and the king had been rescheduled, they moved their deliberations to a nearby tennis court. There, they swore the Tennis Court Oath, agreeing not to disband until they had settled on a new state constitution for France.
The National Assembly renamed itself the National Constituent Assembly on 9 July 1789 and began to function as a governing body and a constitution-drafter. Following the storming of the Bastille on 14 July, the National Assembly became the effective government of France. The Assembly's primary objective was to draft a constitution, and on 26 August 1789, they adopted the Declaration of the Rights of Man and of the Citizen, which became the preamble of the constitution.
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 retained the monarchy, but sovereignty effectively resided in the Legislative Assembly, which was elected by a system of indirect voting. The constitution distinguished between ""active" citizens, who had political rights, and "passive" citizens, who had only civil rights. It lasted less than a year.
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The role of King Louis XVI
The French Constitution of 1791 was created by the National Assembly during the French Revolution. It was the first written constitution in France, which retained the monarchy but placed sovereignty in the Legislative Assembly. The constitution was formed after the collapse of the absolute monarchy of the Ancien Régime.
Now, let's focus on the role of King Louis XVI in the context of the National Assembly and the creation of the French Constitution of 1791:
King Louis XVI was the monarch of France during the French Revolution. While the National Assembly was formed in response to the issues affecting the French people, the king attempted to resist their efforts. On June 20, 1789, King Louis XVI ordered the closure of the hall where the National Assembly met. In response, the Assembly members moved to a nearby tennis court, where they took the Tennis Court Oath, agreeing to continue their deliberations and not disband until they had established a constitution. This act was both revolutionary and an assertion of political authority derived from the people and their representatives rather than the king.
Initially, King Louis XVI tried to maintain control and consolidate his power. He ordered the clergy and nobility to join the Third Estate in the National Assembly to create the illusion of authority. However, the National Assembly's popularity forced the king to make concessions. As the Assembly grew more influential, their reforms became increasingly radical, including ending feudalism, expanding the voting population, and challenging the Catholic Church.
King Louis XVI remained reluctant to fully support the National Assembly and their efforts to draft a constitution. He reluctantly accepted the constitution in September 1791, but his authority was weakened by representative democracy. The constitution established a constitutional monarchy, with the king retaining executive powers alongside his ministers, while the Legislative Assembly held sovereignty.
The king's attempts to protect non-juring priests and his refusal to raise militias in defence of the revolutionary government further alienated him from the National Assembly. When he tried to flee the country, he lost all support, and the royal family was imprisoned in Paris. This marked a turning point, as the constitutional monarchy proved unworkable, and the National Convention declared France a republic on September 22, 1792.
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The Assembly's dual function
The National Assembly, formed in 1789, was a groundbreaking political body that emerged at the outset of the French Revolution. It was a body that represented the needs of the French people, passing laws, questioning the king's authority, and creating the first constitution for the French. The Assembly renamed itself the National Constituent Assembly on July 9, 1789, and began to function as a governing body and a constitution-drafter. The Assembly's dual function as a legislature and a constitutional convention meant that it was not always clear when its decrees were constitutional.
The Assembly's primary objective was to draft a constitution, and it began this process following the Tennis Court Oath, in which the members swore not to disband until a new state constitution was in place. The Declaration of the Rights of Man and of the Citizen, adopted on 26 August 1789, became the preamble of the constitution. This Declaration offered sweeping generalizations about rights, liberty, and sovereignty, and inspired similar texts in several European and Latin American countries throughout the 19th century.
The constitution, passed in 1791, redefined the organization of the French government, citizenship, and the limits to the powers of government. It abolished many institutions that were considered harmful to liberty and equality of rights, and established the Assembly's legal presence in the government by ensuring its permanence in the Constitution and implementing a system of recurring elections. The Assembly also believed in a sovereign nation and equal representation, which was reflected in the constitutional separation of powers.
The National Assembly was the legislative body, while the king and royal ministers formed the executive branch, and the judiciary was independent of the other two branches. The constitution was not egalitarian by today's standards, as it distinguished between propertied "active citizens" and poorer "passive citizens", with women lacking rights to liberties such as education, freedom of speech, and worship.
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The Declaration of the Rights of Man and of the Citizen
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 National Assembly, formed in 1789, was a groundbreaking political body that represented the needs of the French people. It passed laws, questioned the king, and created the first constitution for the French.
The Declaration outlines that sovereignty lies with the nation, and that liberty consists of being able to do anything that does not harm others. The exercise of the natural rights of every man is therefore limited only by the need to ensure that all members of society can enjoy the same rights. The law, which is an expression of the general will, has the right to forbid only those actions that are injurious to society.
The Declaration also states that citizens have the right to determine the need for public taxes and to consent to them freely, and that society has the right to ask a public official for an accounting of their administration. Furthermore, the right to property is considered inviolable and sacred, and no one may be deprived of it unless public necessity requires it, with just and prior indemnity paid.
The Constitution of 1791, created by the National Assembly, retained the monarchy, but sovereignty 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, with about two-thirds of adult men having the right to vote for electors and certain local officials.
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Frequently asked questions
The French Constitution of 1791 was created by the National Assembly during the French Revolution. It was accepted by King Louis XVI in September 1791.
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 retained the monarchy but sovereignty effectively resided in the Legislative Assembly, which was elected by a system of indirect voting.
On June 20, 1789, the National Assembly found the doors of their meeting hall locked. They believed that they had been cut from decision-making, so they moved to a nearby tennis court where they swore the Tennis Court Oath, agreeing not to disband until they had settled on a new state constitution.
