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 drafted by the National Assembly, a group of moderates who wanted to create a better form of royal government. The constitution redefined the organisation of the French government, citizenship, and the limits to the powers of government. It was passed in September 1791 and was accepted by King Louis XVI, who was renamed King of the French and granted a reduced civil list and a suspensive veto power. The constitution was short-lived, however, as the onset of the French Revolutionary Wars and the growing influence of radical Jacobins and republicans led to the end of the constitutional monarchy by the August 10 Insurrection in 1792.
| Characteristics | Values |
|---|---|
| Date Written | 3 September 1791 |
| Date Adopted | 14-25 September 1791 |
| Type | First written constitution in France |
| Creator | National Assembly |
| Inspired By | Enlightenment theories and foreign political systems |
| Purpose | To redefine the organisation of the French government, citizenship and the limits to the powers of government |
| Features | Retitled Louis XVI as "King of the French", granted him a reduced civil list, allowed him to select and appoint ministers and gave him a suspensive veto power |
| Voting Rights | Restricted to "active citizens" who paid a minimum amount of taxes |
| Number of Legislative Houses | Unicameral (one house) |
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What You'll Learn
The French Constitution of 1791
The constitution was passed in September 1791, and it redefined the organisation of the French government, citizenship, and the limits of governmental powers. It abolished many institutions that were considered harmful to liberty and equality of rights. The National Assembly's permanence in the constitution and the establishment of a system for recurring elections reflected its belief in a sovereign nation and equal representation. The constitution separated powers, with the National Assembly as the legislative body, the king and royal ministers as the executive branch, and an independent judiciary.
The constitution amended King Louis XVI's title from "King of France" to "King of the French", implying that his power originated from the people and the law, rather than divine right or national sovereignty. The king retained the right to form a cabinet and select and appoint ministers. He was granted a suspensive veto, which could be overridden by three consecutive legislatures, to balance the interests of the people and curb the authority of representatives.
The constitution restricted voting rights to "active citizens", who were males over the age of 25 and paid annual taxes equivalent to at least three days' wages. This distinction between active and passive citizens was a significant controversy, as it denied universal rights and liberties to all subjects of the French Crown. Despite its shortcomings, the French Constitution of 1791 was a pivotal step in France's journey towards constitutionality and popular sovereignty.
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The first written constitution in France
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. One of the basic precepts of the French Revolution was adopting constitutionality and establishing popular sovereignty. The National Assembly, inspired by Enlightenment theories and foreign political systems, drafted the constitution as its primary objective. The Assembly delegated the task of drafting the constitution to a special twelve-member Constitutional Committee. The committee was convened on 14 July 1789, coincidentally the day of the Storming of the Bastille.
The main controversies early on surrounded the issues of what level of power to be granted to the king of France and what form the legislature would take. The Constitutional Committee initially proposed a bicameral legislature, but the motion was defeated in favour of a unicameral (one house) legislature. The next day, they proposed an absolute veto, but were again defeated in favour of a suspensive veto, which could be overridden by three consecutive legislatures. The Assembly eventually concluded that France should be a constitutional monarchy. Voting rights were restricted to 'active citizens', i.e. those who paid a minimum amount of taxation. The population was separated 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.
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, not from divine right or national sovereignty. The king was granted a reduced civil list, allowed to select and appoint ministers, and given a suspensive veto power. 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.
The constitution was passed in September 1791 and reluctantly accepted by King Louis XVI. However, by the time it was adopted, it was already outdated, overtaken by the events of the revolution and growing political radicalism. The constitution lasted less than a year.
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The constitution was reluctantly accepted by King Louis XVI
The Constitution of 1791 was the first attempt at a written national constitution in France. It was drafted by the National Constituent Assembly and passed in September 1791. The Assembly, as constitution-framers, were afraid that if only representatives governed France, it would likely be ruled by the representatives' self-interest. Hence, they allowed the king a suspensive veto to balance out the interests of the people.
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 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'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.
The constitution also revised the role of the king. It 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 was granted a civil list (public funding) of 25 million livres, a reduction of around 20 million livres on his spending before the revolution. In terms of executive power, the king retained the right to form a cabinet and to select and appoint ministers.
King Louis XVI reluctantly accepted the Constitution of 1791 in September 1791. He was forced to submit to the Constitution by the National Assembly in the aftermath of his flight to Varennes. The king's flight to Varennes in June 1791 had rendered the Constitution of 1791, and thus the constitutional monarchy, unworkable. It also fuelled a spike in Republican sentiment in Paris. On 14 September 1791, King Louis XVI took an oath to uphold and respect the Constitution of 1791. However, the king's acceptance of the Constitution was already outdated and overtaken by the events of the revolution and growing political radicalism.
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The constitution was inspired by Enlightenment theories
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 was drafted by the National Assembly, a group of moderates who wanted to create a better form of royal government. The deputies of the Third Estate believed that any reforms to the French state must be outlined in and guaranteed by a written constitution.
The Constitution of 1791 was inspired by Enlightenment theories and foreign political systems. The Enlightenment was a broad intellectual movement that spanned philosophy, literature, language, art, religion, and political theory. It lasted from around 1680 until the end of the 18th century. The Enlightenment thinkers saw themselves as initiating an era of humanitarian, intellectual, and social progress, underpinned by the increasing ability of human reason to analytically subjugate both the external world of nature and the human self. They aimed to rid human thought and institutions of irrational prejudice and superstition and foster a society free of feudal caprice, political absolutism, and religious intolerance.
The Enlightenment produced several blueprints of what an ideal state might look like. Many Enlightenment philosophers drew up a theory of the "social contract", a contract agreed upon by the citizens of a state, such that social life would be governed by laws, and the ruler's power and relation to their subjects would be defined in terms of rights and duties. One such philosopher was Thomas Hobbes, who suggested in his work "Leviathan" (1651) that without any binding laws or contracts, men would be in a perpetual state of war. Another philosopher, John Locke, posited the theory of "Natural Rights", which states that all individuals inherently possess certain rights, such as life, liberty, and property. These rights, according to Locke, are not granted by governments but are inherent to human existence, and thus, the primary role of the government is to protect these rights rather than bestow them.
The Constitution of 1791 incorporated several of these Enlightenment ideas. It redefined the organisation of the French government, citizenship, and the limits to the powers of the government. 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 from divine right or national sovereignty. The constitution also established a system for recurring elections, reflecting the Enlightenment belief that true power rests with those they govern. The National 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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The constitution was outdated by the time it was adopted
The French Constitution of 1791 was the country's first attempt at a written national constitution. It was created after the collapse of the absolute monarchy of the Ancien Régime, with the National Assembly setting out to redefine the organisation of the French government, citizenship, and the limits of its powers. The Assembly also aimed to establish equal representation and protect the interests of the general will.
However, by the time it was adopted in the autumn of 1791, the constitution was already outdated. The events of the revolution and the rise of political radicalism had already overtaken it. 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 minimum amount of taxation, amounting to a property qualification on voting rights. This effectively excluded the poorer "passive citizens" from the political process.
The constitution also failed to address the role of women, who lacked liberties and rights such as education, freedom of speech, writing, printing, and worship. The Assembly, as the framers of the constitution, were afraid that if only representatives governed France, it would likely be ruled by their self-interest. As a compromise, the king was allowed a suspensive veto to balance the interests of the people, but this also weakened the king's executive authority.
Another key controversy was the level of power granted to the king. The Constitutional Committee initially proposed a bicameral legislature and an absolute veto for the king, but these motions were defeated. Instead, 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, rather than divine right or national sovereignty. The king's spending was reduced, and while he retained the right to form a cabinet and appoint ministers, his ability to block laws passed by the legislature remained a pressing question.
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Frequently asked questions
The French Constitution of 1791 was written and passed in September 1791.
The 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 redefined the organisation of the French government, citizenship, and the limits to the powers of the government.
The Constitution of 1791 established a constitutional monarchy with King Louis XVI as the "King of the French", implying that his power came from the people and the law, rather than divine right. It also distinguished between active citizens with voting rights and passive citizens without them, based on property ownership and taxation. The National Assembly was the legislative body, with the king and royal ministers forming the executive branch, and an independent judiciary.
The Constitution of 1791 was drafted by the National Constituent Assembly, a group of moderates who hoped to create a better form of royal government.
The Constitution of 1791 was short-lived. By the time it was adopted, it was already outdated due to the ongoing French Revolution and growing political radicalism. It was also opposed by radical deputies such as Maximilien Robespierre, who disagreed with the distinction between active and passive citizens. The king's use of his veto powers and his refusal to raise militias in defence of the revolutionary government further led to the end of the constitutional monarchy in 1792.
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