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|French Constitution of 1791|
French Constitution of 1791.
|Original title||(in French) Constitution française du 3 september 1791|
The short-lived French Constitution of 1791 was the first written constitution in France, created after the collapse of the absolute monarchy of the Ancien Régime. One of the basic precepts of the revolution was adopting constitutionality and establishing popular sovereignty.
The Ancien Régime was the political and social system of the Kingdom of France from the Late Middle Ages until 1789, when hereditary monarchy and the feudal system of French nobility were abolished by the French Revolution. The Ancien Régime was ruled by the late Valois and Bourbon dynasties. The term is occasionally used to refer to the similar feudal systems of the time elsewhere in Europe. The administrative and social structures of the Ancien Régime were the result of years of state-building, legislative acts, internal conflicts, and civil wars, but they remained and the Valois Dynasty's attempts at re-establishing control over the scattered political centres of the country were hindered by the Huguenot Wars. Much of the reigns of Henry IV and Louis XIII and the early years of Louis XIV were focused on administrative centralization. Despite, however, the notion of "absolute monarchy" and the efforts by the kings to create a centralized state, the Kingdom of France retained its irregularities: authority regularly overlapped and nobles struggled to retain autonomy.
The French Revolution was a period of far-reaching social and political upheaval in France and its colonies beginning in 1789. The Revolution overthrew the monarchy, established a republic, catalyzed violent periods of political turmoil, and finally culminated in a dictatorship under Napoleon who brought many of its principles to areas he conquered in Western Europe and beyond. Inspired by liberal and radical ideas, the Revolution profoundly altered the course of modern history, triggering the global decline of absolute monarchies while replacing them with republics and liberal democracies. Through the Revolutionary Wars, it unleashed a wave of global conflicts that extended from the Caribbean to the Middle East. Historians widely regard the Revolution as one of the most important events in human history.
Constitutionality is the condition of acting in accordance with an applicable constitution; the status of a law, a procedure, or an act's accordance with the laws or guidelines set forth in the applicable constitution. When one of these directly violates the constitution, it is unconstitutional. All the rest are considered constitutional until challenged and declared otherwise, typically by courts through judicial review.
The National Assembly began the process of drafting a constitution. The Declaration of the Rights of Man, adopted on 26 August 1789 eventually became the preamble of the constitution adopted on 3 September 1791.The Declaration offered sweeping generalizations about rights, liberty, and sovereignty.
During the French Revolution, the National Assembly, which existed from 4 June 1789 to 9 July 1789, was a revolutionary assembly formed by the representatives of the Third Estate of the Estates-General; thereafter it was known as the National Constituent Assembly, though popularly the shorter form persisted.
A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subject of the statute. It is distinct from the long title or enacting formula of a law.
A twelve-member Constitutional Committee was convened on 14 July 1789 (coincidentally the day of the Storming of the Bastille). Its task was to do much of the drafting of the articles of the constitution. It included originally two members from the First Estate (Champion de Cicé, Archbishop of Bordeaux and Talleyrand, Bishop of Autun); two from the Second (the comte de Clermont-Tonnerre and the marquis de Lally-Tollendal); and four from the Third (Jean Joseph Mounier, Abbé Sieyès, Nicholas Bergasse, and Isaac René Guy le Chapelier).
The Storming of the Bastille occurred in Paris, France, on the afternoon of 14 July 1789.
Charles-Maurice de Talleyrand-Périgord, 1st Prince of Benevento, then 1st Duke of Talleyrand, was a French politician and diplomat. After theology studies, he became in 1780 Agent-General of the Clergy and represented the Catholic Church to the French Crown. He worked at the highest levels of successive French governments, most commonly as foreign minister or in some other diplomatic capacity. His career spanned the regimes of Louis XVI, the years of the French Revolution, Napoleon, Louis XVIII, and Louis-Philippe. Those he served often distrusted Talleyrand but, like Napoleon, found him extremely useful. The name "Talleyrand" has become a byword for crafty, cynical diplomacy.
Trophime-Gérard, marquis de Lally-Tollendal was a French politician.
Many proposals for redefining the French state were floated, particularly in the days after the remarkable sessions of 4–5 August 1789 and the abolition of feudalism. For instance, the Marquis de Lafayette proposed a combination of the American and British systems, introducing a bicameral parliament, with the king having the suspensive veto power over the legislature, modeled to the authority then recently vested in the President of the United States.
A bicameral legislature has legislators in two separate assemblies, chambers, or houses. Bicameralism is distinguished from unicameralism, in which all members deliberate and vote as a single group, and from some legislatures that have three or more separate assemblies, chambers, or houses. As of 2015, fewer than half the world's national legislatures are bicameral.
In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries.The term is similar to the idea of a senate, synod or congress, and is commonly used in countries that are current or former monarchies, a form of government with a monarch as the head. Some contexts restrict the use of the word parliament to parliamentary systems, although it is also used to describe the legislature in some presidential systems, even where it is not in the official name.
A veto is the power to unilaterally stop an official action, especially the enactment of legislation. A veto can be absolute, as for instance in the United Nations Security Council, whose permanent members can block any resolution, or it can be limited, as in the legislative process of the United States, where a two-thirds vote in both the House and Senate will override a Presidential veto of legislation. A veto may give power only to stop changes, like the US legislative veto, or to also adopt them, like the legislative veto of the Indian President, which allows him to propose amendments to bills returned to the Parliament for reconsideration.
The main controversies early on surrounded the issues of what level of power to be granted to the king of France (i.e.: veto, suspensive or absolute) and what form would the legislature take (i.e.: unicameral or bicameral). The Constitutional Committee proposed a bicameral legislature, but the motion was defeated 10 September 1789 (849–89) in favor of one house; the next day, they proposed an absolute veto, but were again defeated (673–325) in favor of a suspensive veto, which could be over-ridden by three consecutive legislatures.
A second Constitutional Committee quickly replaced it, and included Talleyrand, Abbé Sieyès, and Le Chapelier from the original group, as well as new members Gui-Jean-Baptiste Target, Jacques Guillaume Thouret, Jean-Nicolas Démeunier, François Denis Tronchet, and Jean-Paul Rabaut Saint-Étienne, all of the Third Estate.
Gui-Jean-Baptiste Target was a French lawyer and politician.
Jacques Guillaume Thouret was a French Girondin revolutionary, lawyer, president of the National Constituent Assembly and victim of the guillotine.
Jean-Nicolas Démeunier was a French author and politician.
Their greatest controversy faced by this new committee surrounded the issue of citizenship. Would every subject of the French Crown be given equal rights, as the Declaration of Rights of Man and Citizen seemed to promise, or would there be some restrictions? The October Days (5–6 October) intervened and rendered the question much more complicated. In the end, a distinction was held between active citizens (over the age of 25, paid direct taxes equal to three days' labor) which had political rights, and passive citizens, who had only civil rights. This conclusion was intolerable to such radical deputies as Maximilien Robespierre, and thereafter they never could be reconciled to the Constitution of 1791.
A second body, the Committee of Revisions, was struck September 1790, and included Antoine Barnave, Adrien Duport, and Charles de Lameth. Because the National Assembly was both a legislature and a constitutional convention, it was not always clear when its decrees were constitutional articles or mere statutes. It was the job of this committee to sort it out. The committee became very important in the days after the Champs de Mars Massacre, when a wave of revulsion against popular movements swept France and resulted in a renewed effort to preserve powers for the Crown. The result is the rise of the Feuillants, a new political faction led by Barnave, who used his position on the committee to preserve a number of powers for the Crown, such as the nomination of ambassadors, military leaders, and ministers.
After very long negotiations, the constitution was reluctantly accepted by King Louis XVI in September 1791. Redefining the organization of the French government, citizenship and the limits to the powers of government, the National Assembly set out to represent the interests of the general will. It abolished many “institutions which were injurious to liberty and equality of rights”. The National Assembly asserted its legal presence in 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. On a local level, the previous feudal geographic divisions were formally abolished, and the territory of the French state was divided into several administrative units, Departments (Départements), but with the principle of centralism.
The Assembly, as constitution-framers, were afraid that if only representatives governed France, it was likely to be ruled by the representatives' self-interest; therefore, the king was allowed a suspensive veto to balance out the interests of the people. By the same token, representative democracy weakened the king’s executive authority.
The constitution was not egalitarian by today's standards. It distinguished between the propertied active citizens and the poorer passive citizens. Women lacked rights to liberties such as education, freedom to speak, write, print and worship.
Keith M. Baker writes in his essay “Constitution” that the National Assembly threaded between two options when drafting the Constitution: they could modify the existing, unwritten constitution centered on the three estates of the Estates General or they could start over and rewrite it completely. The National Assembly wanted to reorganize social structure and legalize itself: while born of the Estates General of 1789, it had abolished the tricameral structure of that body.
With the onset of war and the threat of the revolution's collapse, radical Jacobin and ultimately republican conceptions grew enormously in popularity, increasing the influence of Robespierre, Danton, Marat and the Paris Commune. When the King used his veto powers to protect non-juring priests and refused to raise militias in defense of the revolutionary government, the constitutional monarchy proved unworkable and was effectively ended by the 10 August insurrection. A National Convention was called, electing Robespierre as its first deputy; it was the first assembly in France elected by universal male suffrage. The convention declared France a republic on 22 September 1792.
Honoré Gabriel Riqueti, Count of Mirabeau was a leader of the early stages of the French Revolution. A noble, he had been involved in numerous scandals before the start of the Revolution in 1789 that had left his reputation in ruins. Nonetheless, he rose to the top of the French political hierarchy in the years 1789–1791 and acquired the reputation of a voice of the people. A successful orator, he was the leader of the moderate position among revolutionaries by favoring a constitutional monarchy built on the model of Great Britain. When he died he was a great national hero, even though support for his moderate position was slipping away. The later discovery that he was in the pay of King Louis XVI and the Austrian enemies of France beginning in 1790 brought him into posthumous disgrace. Historians are deeply split on whether he was a great leader who almost saved the nation from the Terror, a venal demagogue lacking political or moral values, or a traitor in the pay of the enemy.
Antoine Pierre Joseph Marie Barnave was a French politician, and, together with Honoré Mirabeau, one of the most influential orators of the early part of the French Revolution. He is most notable for correspondence with Marie Antoinette in an attempt to set up a constitutional monarchy and for being one of the founding members of the Feuillants.
Jean-François Reubell or Rewbell was a French lawyer, diplomat, and politician of the Revolution.
The National Constituent Assembly was formed from the National Assembly on 9 July 1789 during the first stages of the French Revolution. It dissolved on 30 September 1791 and was succeeded by the Legislative Assembly.
The Society of the Friends of the Constitution, after 1792 renamed Society of the Jacobins, Friends of Freedom and Equality, commonly known as the Jacobin Club or simply the Jacobins, became the most influential political club during the French Revolution of 1789 and following. The period of their political ascendency includes the Reign of Terror, during which time well over ten thousand people were put on trial and executed in France, many for political crimes.
The following is a timeline of the French Revolution.
Jérôme Pétion de Villeneuve was a French writer and politician who served as the second mayor of Paris, from 1791 to 1792.
Emmanuel Joseph Sieyès, most commonly known as the abbé Sieyès, was a French Roman Catholic abbé, clergyman and political writer. He was one of the chief political theorists of the French Revolution, and also played a prominent role in the French Consulate and First French Empire.
This is a glossary of the French Revolution. It generally does not explicate names of individual people or their political associations; those can be found in List of people associated with the French Revolution.
Isaac René Guy Le Chapelier was a French jurist and politician of the Revolutionary period.
The French Revolution was a period in the history of France covering the years 1789 to 1799, in which republicans overthrew the Bourbon monarchy and the Roman Catholic Church perforce underwent radical restructuring. This article covers a period of time slightly longer than a year, from 14 July 1790, the first anniversary of the storming of the Bastille, to the establishment of the Legislative Assembly on 1 October 1791.
The Legislative Assembly was the legislature of France from 1 October 1791 to 20 September 1792 during the years of the French Revolution. It provided the focus of political debate and revolutionary law-making between the periods of the National Constituent Assembly and of the National Convention.
The Constitution of 1793, also known as the Constitution of the Year I or the Montagnard Constitution, was the second constitution ratified for use during the French Revolution under the First Republic. Designed by the Montagnards, principally Maximilien Robespierre and Louis Saint-Just, it was intended to replace the outdated Constitution of 1791. With sweeping plans for democratization and wealth redistribution, the new document promised a significant departure from the relatively moderate goals of the Revolution in previous years.
Stanislas Marie Adélaïde, comte de Clermont-Tonnerre was a French nobleman, military officer, and politician during the French Revolution.
The Friends of the Monarchist Constitution, commonly known as the Monarchist Club or the Monarchiens, were one of the revolutionary factions in the earliest stages of the French Revolution. The Monarchiens were briefly a centrist stabilising force criticized by the left-wing of the National Constituent Assembly, the spectators in the galleries and the patriotic press. Established in August 1789, the Monarchist Club was quickly swept away. Specifically, the brief movement developed when the Revolution was shifting away from the Ancien Régime during the Spring of 1789 and was defeated by the end of 1789. Subsequently, the term itself is usually derogatory.
The Society of the Friends of the Constitution, better known as Feuillants Club, was a political grouping that emerged during the French Revolution. It came into existence on 16 July 1791 when the left-wing Jacobins split between moderates (Feuillants), who sought to preserve the position of the king and supported the proposed plan of the National Constituent Assembly for a constitutional monarchy; and radicals (Jacobins), who wished to press for a continuation of direct democratic action to overthrow Louis XVI. It represented the last and most vigorous attempt of the moderate constitutional monarchists to steer the course of the revolution away from the radical Jacobins.
Maximilien François Marie Isidore de Robespierre was a French lawyer and politician who was one of the best known and most influential figures of the French Revolution. As a member of the Constituent Assembly and the Jacobin Club, he campaigned for universal manhood suffrage, and the abolition of both celibacy for the clergy and of slavery. Robespierre was an outspoken advocate for the citizens without a voice, for their unrestricted admission to the National Guard, to public offices, and for the right to carry arms in self-defence. Robespierre played an important part in the agitation which brought about the fall of the French monarchy in August 1792 and the summoning of a National Convention.
Bon Albert Briois de Beaumetz or Beaumez was a French statesman of the French Revolution. He is noteworthy as a conservative nobleman who nevertheless committed to serve the constitutional monarchy of the Constitution of 1791.
The Society of 1789, or the Patriotic Society of 1789, was a political club of the French Revolution inaugurated during a festive banquet held at Palais-Royal in May 1790 by more moderate elements of the Club Breton. At their height of influence, it was the second most important club after the Jacobin Club.