The National Assembly's Constitution: Power To The People

why did the national assembly draft a constitution of 1791

The Constitution of 1791 was drafted by the National Assembly during the French Revolution. It was France's first attempt at a written constitution, inspired by Enlightenment theories and foreign political systems. The National Assembly aimed to reorganize the social structure, redefine the French government, and establish equal representation. The constitution retained the monarchy but granted sovereignty to the Legislative Assembly, with the king holding a suspensive veto power. It abolished institutions deemed injurious to liberty and equality of rights and established a system of recurring elections. The constitution faced controversies regarding the king's powers and the form of the legislature, reflecting the Assembly's challenges in navigating the revolution and growing political radicalism.

Characteristics Values
Reason To replace the absolute monarchy of the Ancien Régime with a constitution
Basis The Declaration of the Rights of Man and of the Citizen
Type of government Constitutional monarchy
Legislature Unicameral (one house)
Voting rights Restricted to "active citizens", i.e., male property owners who paid a minimum amount of taxation
King's role "King of the French", with reduced civil list, power to appoint ministers, and suspensive veto
Judicial system Independent judiciary
Local government Abolition of feudal geographic divisions and creation of administrative units with centralism
Equality Distinction between "active" and "passive" citizens, with women deprived of rights
Duration Lasted less than a year

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The French Constitution of 1791 was the first written constitution in France

The French Constitution of 1791, formally known as the "Constitution française du 3 septembre 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 fundamental principles of the French Revolution was the adoption of constitutionality and the establishment of popular sovereignty.

Following the Tennis Court Oath, the National Assembly began the process of drafting the constitution as its primary objective. The Assembly, as the framers of the constitution, were afraid that if only representatives governed France, it would likely be ruled by the representatives' self-interest. Therefore, while the constitution retained the monarchy, 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, amounting to three days' labour. This allowed about two-thirds of adult men to vote for electors and to choose certain local officials directly. However, the constitution was not egalitarian by today's standards, as it distinguished between propertied "active citizens" and poor "passive citizens". Women were also denied rights and liberties such as education, freedom of speech, writing, printing, and worship.

The National Assembly wanted to reorganize the social structure and legalize itself. It abolished many institutions that were considered injurious to liberty and equality of rights, such as the tricameral structure of the Estates General. The 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 equal representation was reflected in the constitutional separation of powers, with the National Assembly as the legislative body, the king and royal ministers as the executive branch, and an independent judiciary.

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The National Assembly wanted to reorganize social structure and legalize itself

The Constitution of 1791 was drafted by the National Assembly during the French Revolution. It was the first written constitution in France, created after the collapse of the absolute monarchy of the Ancien Régime. The National Assembly, formed by the Third Estate, had the primary objective of drafting a constitution.

The National Assembly wanted to reorganize the social structure and legalize itself. It sought to redefine the organization of the French government, citizenship, and the limits to the powers of government. The Assembly aimed to represent the interests of the general will and establish its legal presence in the government. It abolished the tricameral structure of the Estates General of 1789, which consisted of the First Estate, the Second Estate, and the Third Estate.

The National Assembly's belief in a sovereign nation and equal representation was reflected in the constitutional separation of powers. The Assembly formed the legislative branch, while the king and royal ministers made up the executive branch, and the judiciary was independent of the other two branches. This reorganization of power aimed to balance the interests of the people and the monarchy.

The National Assembly also wanted to redefine citizenship. There was a distinction made between "active citizens" and "passive citizens." Active citizens were male property owners over a certain age who paid a minimum amount of taxation. They were granted political rights, including the right to vote for electors and choose certain local officials directly. Passive citizens, on the other hand, had only civil rights and did not have the same political privileges as active citizens.

The Constitution of 1791 was an attempt to create a constitutional monarchy, with the king as a figurehead. The National Assembly had to determine the role and powers of the king in the new political system. While the king retained certain powers, such as a suspensive veto, the National Assembly effectively held sovereignty and legislative power.

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The Assembly wanted to redefine the French government, citizenship and limits to the powers of government

The Constitution of 1791 was the first attempt at a written national constitution in France. It was drafted by the National Assembly, which had renamed itself the National Constituent Assembly on 9 July 1789. The Assembly was made up of delegates from the Second and Third Estates. The Second Estate was dominated by those with a military background, while the Third Estate was dominated by men of legal professions.

The Assembly's main objectives were to redefine the French government, citizenship, and the limits of government power. It aimed to reorganize the social structure and legalize itself. The Assembly wanted to redefine the French government by establishing a constitutional monarchy with a unicameral (one house) legislature. The 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 Assembly retained the monarchy, but sovereignty effectively resided in the Legislative Assembly.

The Assembly also wanted to redefine citizenship. It restricted voting rights to "active citizens", or those who paid a minimum amount of taxation. This excluded women, who were deprived of rights and liberties, including the right to education and freedom of speech, writing, printing, and worship. The Assembly also distinguished between active citizens, who had political rights, and passive citizens, who had only civil rights.

Finally, the Assembly wanted to limit the powers of the government. It abolished many institutions that were considered "injurious to liberty and equality of rights". It also established the permanence of the Assembly in the Constitution and formed a system for recurring elections. The Assembly's belief in a sovereign nation and equal representation was reflected in the constitutional separation of powers.

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The Assembly had to find a constitutional role for the king and determine what powers he should retain

The 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, which was both a legislature and a constitutional convention, aimed to reorganize the social structure and legalize itself.

The Assembly wanted to retain the king but ensure his executive power was subordinate to the law and the public good. This presented the Assembly with two main concerns. Firstly, they had to find a constitutional role for the king and determine what powers he should retain. The Assembly debated whether the king would remain an active participant in the new system, with powers such as the ability to appoint ministers, access spending, and initiate or block laws, or whether he would be a figurehead.

The National Assembly had to decide on the level of power to grant the king, such as veto, suspensive, or absolute powers. 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 select and appoint ministers. The Assembly also debated whether the king should have the power to block laws passed by the legislature. The Monarchiens, including Honore Mirabeau, argued for the king to be granted an absolute veto, the executive right to block any legislation. However, the Assembly ultimately decided to give the king a suspensive veto, meaning he could deny assent to bills, but only for up to five years. After this period, the Assembly could enact the bill without the king's approval.

The second concern was that a constitutional monarchy would depend entirely on having a king loyal to the constitution. In the following months, the king's lack of interest in constitutional government caused problems for the new regime. The constitution lasted less than a year.

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The constitution was inspired by Enlightenment theories and foreign political systems

The Constitution of 1791 was France's first attempt at a national constitution, and it was heavily influenced by Enlightenment theories and foreign political systems. The National Assembly, which drafted the constitution, was inspired by the Enlightenment idea of popular sovereignty, as articulated by Jean-Jacques Rousseau. This idea held that sovereignty resided in the people rather than the monarch. The Assembly also looked to foreign political systems, such as the British system, which had a balance of power between the monarch, parliament, aristocracy, and judiciary. The Assembly aimed to create a constitutional monarchy with a unicameral legislature, retaining the monarchy while ensuring that the king's power was subordinate to the law and the public good.

The National Assembly's delegation of the constitution-drafting task to a special constitutional committee reflected its commitment to creating a better form of royal government rather than something radically new. The committee proposed a bicameral legislature, but this was defeated in favour of a unicameral system. The constitution also addressed the role of the king, amending 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 influence of Enlightenment philosophers, particularly Montesquieu, was also evident in the constitution's structure and division of power. Montesquieu's concept of the separation of powers advocated for the division of governmental power into distinct branches to prevent any single entity from becoming too powerful. This idea was reflected in the constitution's establishment of three separate branches: legislative, executive, and judicial. The legislative power was delegated to the National Assembly, the executive power to the king, and the judicial power to judges elected by the people.

The Constitution of 1791 was a significant step towards defining and limiting the power of the government and protecting the rights of citizens in France. It was the first of several attempts to create a written constitution for the country, inspired by the Enlightenment ideals and political systems of the time.

Frequently asked questions

The main objective of the National Assembly was to redefine the organisation of the French government, citizenship and the limits to the powers of government.

The main controversies surrounded the level of power to be granted to the king of France and the form the legislature would take. Another critical question was whether every subject of the French Crown would be given equal rights.

The key outcomes included redefining the French state as a constitutional monarchy with a unicameral (one house) legislature. Voting rights were restricted to 'active citizens', i.e. those who paid a minimum amount of taxation. The constitution also abolished many institutions deemed "injurious to liberty and equality of rights".

The Constitution of 1791 was drafted during the French Revolution, which saw the collapse of the absolute monarchy of the Ancien Régime. The National Assembly, formed by the Third Estate, was influenced by Enlightenment theories, foreign political systems and the recent example of the United States Constitution.

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