Constitution of 1791

The Constitution of September 3rd, 1791 is the first experiment of a liberal mode in France.

This text is the first written constitution which transfers sovereignty from the King to the Nation. The prerogatives of the king become the prerogatives of the nation which the King exerts in the name of the latter.

Based on the principle of the sovereignty of the Nation and the separation of the capacities, it institutes in France a constitutional monarchy.

Origins of the Constitution of 1791

The origins of the Constitution of 1791 are multiple; it is resulting from movements of philosophical and political thoughts inherited the Lights and the phenomena of Atlantic Revolution. The components of the National Assembly, resulting from the General states joined together in 1789 by Louis XVI, swear on June 20th of the same year at the time of the Serment of the Play of palm not to separate before the drafting and the adoption from a constitution. Their inspiration and their determination are primarily of political and philosophical nature.

Inspirations

Policies

Philosophical

Political constructions were theorized since 1690 by Locke, philosopher English, who already proposed the idea of the separation of the three capacities (executive, legislature, legal) and the creation of a kind of contract between controlling and controlled. This idea of a “social contract” welding the Nation is also taken up by the French philosopher Rousseau. Montesquieu, in 1748, will treat in its turn of the idea of the separation of the capacities in Of the spirit of the laws

Determination

The idea of the Constitution is thus to formalize a balance between the capacities of the king - which one reproaches the absolutism - and of the control committees of the balance of power. At the end of the 18th century, the takeover by force of Maupeou of 1771 on the Parliament during the reign of Louis XV and the series of reforms of decades 1770 and 1780 contribute, paradoxically, to weaken the royal authority.

The constitution

The organization of the capacities

Executive power

The king is chief of the Exécutif. Until there, the royalty was of divine gasoline since the baptism of Clovis Ier at the any end of the 5th century. With the Constitution of 1791, the capacity is not any more divine right but raises of the sovereignty of the Nation incarnated in the person of the King; the King is not thus any more “king de France” but “king of the French”.

the King must swear fidelity with the Constitution, it is also irresponsible and its inviolable person.
It has authority only through its ministers who contresign his decisions, which ministers are responsible politically only in front of the king (even if the members of Parliament can put them in charge before the national High court to bring into play their criminal responsibility).

The Constitution recognizes with the King two essential prerogatives:

the King directs the foreign policy. The National Assembly ratifies the treaties;
it has, under the terms of the principle of Séparation of the capacities such as it was emitted by Montesquieu, the right of Veto suspensive and temporary valid for two legislatures of the Parliament (twice two years, that is to say 4 years to the maximum). The financial questions are not subjugated with this right to veto.

Other capacities:

the king names the ministers;
it names with the high public office and military, the ambassadors.

Ministers:

the ministers contresign the decisions of the King. The king thus has authority only through them;
they are responsible in front of the King but not in front of the National Assembly. It is thus a mode monist which the Constitution of 1791 proclaims, not a dualistic mode (double responsibility for the ministers).

Legislative power

The legislative power is exerted by the Parliament single, permanent, composed of 745 deputies elected for a two years legislature by the vote censitaire with two degrees. The deputies are protected by a very broad authority: the legislative Body regulates itself its deliberations, the unfolding of its meetings, its safety, etc

The Parliament has only the initiative and the vote of the laws - which are then sanctioned by the king - in particular as regards finance, since it establishes and controls the tax. She decides war or peace and meets itself without convocation.

Even if the text of the Constitution envisages a strict separation of the capacities, the Parliament with the monitoring of the administrative application of the laws: there is thus an interference of the legislative power in the executive power. Moreover, by the means of the legislative summary procedure, a judge is obliged to postpone to rule if he considers a too obscure Loi to apply it. He must ask the significance of it the Parliament and thus suspend the Procès. There is interference of the Législatif in the legal authority.

Lastly, only the Parliament can decide on a constitutional revision.

Judicial power

The departmental Assemblies elect the magistrates of the Tribunal of Cassation and the High court. This election thus guarantees the independence of the judicial power compared to the executive power and to the legislative power.

In practice

In 1789, the French are accustomed to the monarchical system and until the escape of Varennes, Louis XVI remains very popular. The Constitutional ones consequently will organize a constitutional monarchy with the Constitution of September 3rd, 1791 which will come into force on October 1st, 1791. Louis XVI is suspended of his functions and imprisoned, it is the fall of the royalty.

Preponderance of the National Assembly (legislative Parliament)

This Parliament profits from the most essential capacities.

The Parliament represents the sovereign. She is made up of a single room, because according to the analysis of the time sovereignty should not be divided. This Parliament, permanent, is made up of 745 deputies elected for two years. She meets in her liking, cannot be dissolved or extended. She can defer herself as she hears it. She decides itself of her payment, her operation, a day. Its members have only the initiative of the laws and they are inviolable.

The law is the fundamental and supreme standard.

The King and all the public agents order from now on only in the name of the law and all the legal, administrative and military organization is established by the law.

No field of the law is preset: the Parliament has a universal competence to legislate. In practice this field will be designed in a very wide way. The legislative Parliament will regulate until in the details all the organization of the State.

Moreover, the Parliament recommends by “instructions” the conditions for application of the law. The field of public finances concerns the Parliament. The Parliament constitutes committees of experts which follow the operation of the government departments or intervene in the administration.

The Parliament receives petitions, it corresponds with the authorities and has the capacity to invite the civils servant to be justified while them “quoting with the bar”: it is a constant control of the executive power.

The King in situation of inferiority

The Components are inspired by an increasing mistrust with respect to the King who himself hardens his position vis-a-vis the toughening of the revolutionary movement.

The King does not reign any more but in the name of the law, by the only national will: “There is not in France of authorities higher than that of the law” (Chap.II - " Royalty of regency and ministres"). According to the Constitution of 1791, “the King reigns only by it law”.

The royal function is nothing any more but one First Magistrature of the State. All the royal inheritance is reserved for the Nation and from now on the King does not receive any more that one treatment called the “civil list” whose administration is entrusted to a civil servant appointed by the Parliament.

The King must lend oath of fidelity to the Constitution. If he abstains from, he is regarded as having abdicated. If it leaves the Kingdom or if it is put at the head of an army, abdication is automatic.

In competences which are recognized to him, the capacities of the King are very limited. The King and his Government cannot make any law. He can only take proclamations in conformity with the laws to order the execution of it.

Despite everything, the deputies recognize with the King a suspensive right to veto: right to differ throughout two legislature (4 years) the application from a text voted by the deputies. At the end of this period, the text becomes applicable. This right to veto is in contradiction with the analysis and dominant environment. When the King will make use of it, the Revolutionists will carry out a coup d'etat intended to destroy this constitutional resistance of the King whom one calls from now on “Capet” or sometimes “Mr. Veto”.

The King is the Supreme leader of the administration of the Kingdom but the administrators are elected. The King has in load the foreign relations. He must take care of the maintenance of law and order and public peace. He is the Supreme leader of the Army but can name only one any small portion of the General Officers. The organization of the Army comes under the field of the law. Concerning the judicial power, the Judges are elected and the judicial power functions apart from the intervention of the King.

The room for maneuver of the King thus is very limited.

The person of the King inviolable and is crowned. However, the King can be continued like an ordinary citizen after having abdicated. All the royal acts must be contresigned by a Minister. The ministers are named by the King but each minister can have to answer of each one of his acts, without being able to withdraw itself from his responsibility by calling upon an order for the King. Moreover, the ministers are responsible for all the crimes and offenses against the state security and the Constitution. They are also responsible for any violation of liberty and to the property.

Citizenship

The citizens are divided into two categories: the active citizens, who can take part in the political life, and passive citizens.

A active Citoyen has been an old man of at least 25 years, being installed in the canton for at least a year and to pay a tax equivalent to 3 days of wages. There was in 1791: 4298360 active citizens, which accounts for 61% of the men and 15% of the French population.

Sieyès spoke about the vote like function more than like right. Indeed, he considered that the economic capacity of the citizens justified their political capacity. Thus, only taxable were called with the ballot boxes, in other words to fulfill their function.

Indivisibility of the Republic

Of the national Convention, the deputy Marc David Lasource, Protestant and appointed Pasteur of the Tarn requires " that one reduces Paris to his four-twenty-third of influence" (there were in France 83 departments). This sentence is at the origin of the movement " fédéraliste" (that it would be to better call departementalist). This movement digs the gap between the Girondins and the Montagnards. Those retort by making issue that " The French Republic is one and indivisible". In fact, this decree does nothing but apply to the Republic article I of title II of the Constitution of 1791 thus written: " The kingdom is one and indivisible".

The failure of the liberal experiment

This constitutional mode will be swept, because it reveals its defects very quickly. The Revolution, instead of calming down, will know new bounces and a toughening. The causes of this failure are multiple.

The utopian rationalism of the Constitution

This text ignores the tradition of a Monarchy multiséculaire. The Constitution destroys old legitimacies and leaves to the King only the choice between the degrading tender or a reaction armed to seize again the capacity. This Constitution creates a dualism very unbalanced with the detriment of the struck royal authority of impotence. The Components make impossible a monarchy to English by issuing the incompatibility of the functions of minister and deputy and by not separating entirely the three principal capacities, which is source of conflicts.

Interior confrontations and the war

The immense disturbances started in 1788 and 1789 are not alleviated. Hatreds which were mobilized do not attenuate. As of the summer 1789, a general climate of violence was established against those which are suspectés to be hostile with the Revolution.

In the areas where the catholics and the Protestants cohabit, since 1790, there are disorders politico-monk.

The noble ones are suspectés, molestés, and are exiled. As from 1790, the word of “aristocracy” is used to discredit the adversary of the Revolution or quite simply the political adversary, even if he is not counter-revolutionary.

The dissatisfaction with the peasants is a source of violence.

The degradation of the economic situation continues with the war in 1792. France returns in a saving in shortages, from where a popular fury followed by repressions, and the development of the black-market.

The legislative Parliament inherits a delicate situation on the religious question: The laws voted by Constituent on February 13rd 1790 (abolition of the monastic vows) and on July 12th 1790) (civil Constitution of the clergy) are misunderstood by the French provinces:

religious holidays are sometimes disorganized,
the clergy is divided between constitutional priests (swearers) and refractory priests,
Consequently, the oath of the priests to the civil constitution or their refusal with this same constitution causes to oppose “two France”.

The first six months of 1791 are the object in the provinces of great debates on the religious questions, sometimes inside even of the families.

Louis XVI does not accept the clergy swearer and in 1791 - 1792, the divorce between the King and the Revolution are consumed.

The revolutionary movement ends up exceeding its promoters. Leaders of 1789 (Mirabeau, Mounier, Lafayette…) are overflowed by the strong heads of the Left (Barnave, Marat, Danton, Robespierre, Monge…). Each “party” goes quickly to the most extreme solutions.

When the War is declared on April 20th 1792 in Austria and that it turns very badly for France, the “Left” mobilizes the patriotic current in the name of the “Fatherland in danger” and regards all the opponents as “traitors” to punish. The dynamism revolutionary, savagely nationalist, is mobilized against “Europe of the Kings” and is essential by the Terreur.

The elected legislative Parliament in September 1791 is directed “on the left” than the constituent Assembly and tolerates any royal resistance very badly, even if it is constitutional. She obliges the King to return her moderate ministers and imposes to them his to him (Roland and Brissot, leaders of Of Gironde).

Continuations

The revolutionary groups mobilized in the clubs diffuse republican and democratic theses, sometimes extremists.

The capacity of the King is destroyed in two times:

the August 10th, 1792, the insurrectionary Commune of Paris constitutes and organizes the attack of the Palais of Tileries.
the Parliament is handled and the moderate ones are withdrawn. It decides the suspension of the King then his arrest and the replacement of its ministers.

It is the fall of the Monarchie.

Random links: