Simone Lawson
The Constitution of 1791 was drafted by a committee of the National Assembly, a group of moderates who aimed to improve the monarchy rather than create a new form of government. The constitution 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 about two-thirds of adult men had the right to vote for electors and choose certain local officials directly. The constitution also amended Louis XVI's title from 'King of France' to 'King of the French', implying that the king's power came from the people and the law, not from divine right or national sovereignty.
| Characteristics | Values |
|---|---|
| Drafted by | A committee of the National Assembly, a group of moderates |
| Objective | To create a better form of royal government rather than something radically new |
| Powers of the king | Right to form a cabinet and select and appoint ministers; power to veto |
| Voting rights | Restricted to "active" citizens who paid a minimal sum in taxes; about two-thirds of adult men had the right to vote |
| Legislative body | National Assembly |
| Executive branch | The king and royal ministers |
| Judiciary | Independent of the legislative and executive branches |
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What You'll Learn
The 1791 Constitution retained the monarchy
The 1791 Constitution, also known as 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 National Assembly was responsible for drafting the constitution and redesigning the French government, citizenship, and the limits of governmental powers.
The main controversies during the drafting of the constitution centred on the level of power to be granted to the king and the form of the legislature. The Constitutional Committee proposed a bicameral legislature and strong executive powers for the king, including an absolute veto. However, this proposal was defeated in favour of a unicameral legislature and a monarchy with limited powers. The king retained the right to form a cabinet and select and appoint ministers.
Despite the retention of the monarchy, the 1791 Constitution was considered a moderate document rather than a radical one. It was inspired by Enlightenment theories and foreign political systems and was drafted by a committee of moderates who hoped to create a better form of royal government rather than something radically new. By the time it was adopted in 1791, it was already outdated, overtaken by the events of the revolution and growing political radicalism.
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The king's power was redefined
The Constitution of 1791 was the first written constitution in France, 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 of the government's powers.
The constitution also addressed the level of power to be granted to the king, specifically regarding the type of veto power he would hold. The Constitutional Committee initially proposed an absolute veto, but this was defeated in favour of a suspensive veto, which could be overridden by three consecutive legislatures. The king's veto power proved controversial, as his use of it to protect non-juring priests and refusal to raise militias in defence of the revolutionary government led to the end of the constitutional monarchy.
The constitution retained the monarchy, but sovereignty effectively resided in the Legislative Assembly, which was elected by a system of indirect voting. About two-thirds of adult men had the right to vote for electors and choose certain local officials directly. The National Assembly, the Legislative Assembly, and the judiciary formed the legislative, executive, and independent judicial branches, respectively.
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The franchise was restricted
The Constitution of 1791 was drafted by a committee of the National Assembly, a group of moderates who aimed to create a better royal government rather than a radically new one. The franchise was restricted to "active" citizens, which meant that only those who paid a minimal sum in taxes could vote. This excluded a significant portion of the population, particularly those without property or wealth.
The National Constituent Assembly's property qualifications were more generous than those of the previous system, extending voting rights to around 4.3 million Frenchmen. However, radicals in the political clubs and sections demanded universal suffrage, arguing that voting rights should be granted to all men, regardless of earnings or property ownership.
The constitution also amended Louis XVI's title from "King of France" to "King of the French," implying that the king's power derived from the people and the law, rather than from divine right or national sovereignty. This change in title reflected a shift in the balance of power, with sovereignty effectively residing in the Legislative Assembly, which was elected by indirect voting.
Despite these changes, the constitution retained the monarchy and granted the king certain executive powers, including the right to form a cabinet and appoint ministers. The constitution also provided the king with a civil list of 25 million livres, a significant reduction from his pre-revolution spending but still a substantial amount.
Overall, while the Constitution of 1791 did bring about some changes, the franchise restrictions and the retention of monarchy and royal powers meant that it fell short of the more radical demands for universal suffrage and a more substantial shift in power dynamics.
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The National Assembly was legalised
The National Assembly was formed on 20 June 1789, when the deputies of the Third Estate assembled in a Versailles tennis court. They pledged not to disband until France had a working constitution. The deputies believed that any reforms to the French state must be outlined in and guaranteed by a written constitution. This document would become the fundamental law of the nation, defining and limiting the power of the government, and protecting the rights of citizens.
The constitutional committee was made up of two factions. The first faction favoured a bicameral (double chamber) legislature and the retention of strong executive powers for the king, including an absolute veto. This group was dubbed the Monarchiens or 'English faction'. The second group wanted a strong unicameral (single chamber) legislature and a monarchy with very limited power. This group, led by Emmanuel Sieyès and Charles de Talleyrand, won the day in the National Constituent Assembly.
The National Constituent Assembly’s property qualifications extended voting rights to around 4.3 million Frenchmen. Despite this, radicals in the political clubs and sections demanded that voting rights be granted to all men, regardless of earnings or property.
The constitution 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 retained the right to form a cabinet and to select and appoint ministers.
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The document was outdated by the time it was adopted
The 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 rather than something radically new. The document was inspired by Enlightenment theories and foreign political systems.
The National Assembly had two options when drafting the Constitution: they could either modify the existing unwritten constitution, which was centred on the three estates of the Estates General, or they could start over and rewrite it completely. The Assembly chose to reorganise the social structure and legalise itself. It abolished the tricameral structure of the Estates General, which had been formed in 1789, and replaced it with a unicameral system.
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 minimal sum in taxes, which amounted to about two-thirds of adult men. This was a more generous property qualification than that of the National Constituent Assembly, which would have extended voting rights to around 4.3 million Frenchmen. However, radicals in the political clubs and sections demanded that voting rights be granted to all men, regardless of earnings or property.
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 king retained the right to form a cabinet and to select and appoint ministers, but his spending was reduced by around 20 million livres.
By the time the Constitution was adopted in the autumn of 1791, it was already outdated. The onset of war and the threat of the revolution's collapse had led to growing support for radical Jacobin and republican ideas, and the king's use of his veto powers to protect non-juring priests and his refusal to raise militias in defence of the revolutionary government had made the constitutional monarchy seem unworkable. In June 1791, the king and his family attempted to flee Paris, and although they were detained at Varennes, this brought anti-royalist and republican sentiment to a head.
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Frequently asked questions
The Constitution of 1791 was the first of several attempts to create a written constitution for France.
The Constitution of 1791 was considered moderate because it retained the monarchy, with sovereignty effectively residing 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, resulting in about two-thirds of adult men having the right to vote for electors and to choose certain local officials directly.
The Constitution of 1791 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 king retained the right to form a cabinet and select and appoint ministers.
