Fear > The Constitution of 1791

>  A Summary of what happened...

   The need for a constitution was almost undisputed in 1789. A constitution was viewed as a cure-all that would heal all the ills of a political system that had become corrupt. Reforming ministers told the monarch that France needed a written constitution to control the function of the state.

   Many political writers thought that France already had a constitution, composed of the hereditary customs and usages governing its political and social life. Particular 'fundamental laws' laid down the functions and powers of the monarchy and of important organizations like the parliaments. It was widely approved, however, that laws needed modernization to fit the present society. The growth of commerce and enlightenment called for a modern, and practical, constitution.

   From July 6th, consecutive committees of the assembly, staffed mainly by lawyers worked hard to construct the document. Finished in September of 1791, it was prefaced by the Declaration of the Rights of Man, voted in on August 26th of 1789.

   The constitution of 1791 was far from a meager regularization of existing laws and practices, as sensible deputies had first wanted. The monarchy was certainly preserved, with conventional aspects, but royal power was carefully restricted. Louis became the first 'functionary' of the state.

   A permanent legislature, which the king could not disband, would make laws. The king was given a suspensive refusal over legislation that could postpone endorsement for up to five years, even though Mirabeau had proposed a permanent veto. The monarch ran the executive power that would implement the laws; it was intensely disbelieved, because it might provide opportunities for a renewal of despotism.

   The chronic weakness of the executive and the unpopularity of the king's ministers, Louis himself felt, made the constitution not viable. After his escape attempt and capture at Varennes in June 1791, some modifications were made to reinforce his position, but they failed to reassure him and his acceptance, on September 14th, was half-hearted. The constitution, after so much debate and trouble, lasted only eleven months.

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