French Constitution of 1848

The Constitution of 1848 is the Constitution voted in France the November 4th 1848 by the National Assembly, body constituting, governing the {{IIe}} République, proclaimed the February 24th and May 4th 1848. It was repealed the January 14th 1852 by the promulgation of the Constitution of 1852 which modified deeply the face of the {{IIe}} République and will be used as a basis for the {{IInd}} Empire, which is officially proclaimed a few months later, the December 2nd 1852 by Louis-Napoleon Bonaparte.

The republican illusion of spring 1848

In February 1848 a minority the Parisian ones benefitting from the effect of surprised and inertia of the government reverses the king Louis-Philippe I {{er}}. The provisional government, resulting from the Parisian political circle, hesitates over the nature of the new mode, as long as the province will not have decided. Lamartine, obtains the proclamation of the Republic, but made reject the red flag like new national symbol and adopt the Tricolor. It is clearly right from the start that part of the republicans do not want a social republic.

Many are the rallyings with the Republic. The authentic republicans (republican of the day before ), rather very few, are joined and submerged by the republican of the following day , which are recruited among the monarchists legitimists, jubilant to see the usurping orleanist driven out capacity. The orleanists of opposition are also found there, who are happy disappearance of the chief of the government François Guizot whose political opposition to progress led to the revolution, but they are not ready to accept a social republic.

Everywhere the constitutional body (magistrates, teachers, ministers of religion) adopts the new mode. The government replaces the civils servant of authority (prefects) by police chiefs of the Republic, who are favorable for him. But rejoined invest many checkpoints of the provincial life while benefitting from the low number of republicans.

Everywhere from February to April, a wind of fraternity blows on France: one organizes fraternal banquets, one plants trees of Freedom on the public places… But the economic difficulties and social, which are the essential causes of the Revolution of February, persist and are worsened by the revolutionary disorders. In Paris the workmen of the building obtain (decree of March 2nd), after their manifestation of February 28th, the abolition of recruitment by bargaining, the reduction of the day's work which passes from 11 to 10 a.m. in the capital, and from 12 to 11 in province. The national Workshops, intended to provide work to the unemployed, are created on February 26th. Cooperative society is formed (in Paris, 2000 tailors gather in a fraternal company which receives orders of the government). There are violent manisfestations between the owners and their employees to obtain rises of wages. Around Rouen, important textile center, one announces fact of luddism (destruction of machines) by the peasant-craftsmen concurencés by the large spinning mills and mechanical weavings. The railroad Paris it Havre is attacked by the marines, the lockkeepers and the carrying ones ruined by these new means of transport. The campaigns know agrarian disorders. The administration of National Forestry Commission, which restricts the right of pasturage, is violently taken with party by the stockbreeders of goats and sheep in the Alps, the Pyrenees and the Jura. In Isere and the VAr, the small farmers and the farm laborers are caught some to the large peasants who prohibited the rights of use (common grazing land…). The fear of the Red, Partageux, the Communist settles gradually.

The countryside for the elections with the constituent Assembly puts an end to political unanimism.

The constituent Assembly

The republican of the day before are conscious of the danger which the very new republic runs. The male vote for all, instituted on March 5th, will give much political weight to rural, the three quarters of the electorate. They little were reached by republican propaganda and are under the economic influence of notable (" not' maitre"), in the areas of strong share-cropping, and the ideological direction of the certificated catholic clergy submitted to its bishops. Also on March 17th, 1848, in Paris, a great demonstration imposes on the government the carryforward some fifteen days elections (for on April 23rd). But on April 16th, a new demonstration aiming at a new carryforward is broken by the Minister of Interior Department Ledru-Rollin resting on the National guard resulting from the residential districts of the capital.

Moreover, the country world rocks in the unfavourable camp with the republicans. To face the financial problems, the minister Garnier-Pages institutes, on March 16th, an increase of 45 percent of the direct taxation, which frighten the owners although the government grants reductions to the least fortunate and suspends perception until the elections. The government tries to influence the vote of provincial while dispatching in the departments of the special police chiefs and the republican clubists of Paris. But that in fact upsets more than he does not convince.

The elections take place the Easter Day, and in many villages, the voters went to vote after the mass, in procession, priest at the head. The participation is massive with more than 84% voters. The new elected officials recruit themselves almost exclusively in the middle-class. There is no peasant and the workman-craftsmen are not that a fortnight, on 800 elected officials! The new assembly counts nearly 300 monarchists, camouflaged in republican of the following day . One finds there the Légitimiste Count of Falloux or the lawyer Berryer; they côtoient Orléaniste S such Odilon Barrot, Charles de Rémusat or Alexis de Tocqueville. There are only 285 republican day before and the radicals and the Socialists are a hundred (of which Ledru-Rollin and Louis Blanc). The electoral résutats are badly accepted in Rouen and Limoges where confrontations take place between the partisans of the republican lists and those of the " camouflés".

Joined together on May 4th, the Parliament carries at her head the " socialiste" Christian Rough-hew, which will remain approximately a month there. As of on May 17th, it constitutes a Comité of Constitution . But before undertaking the foundation of the mode, the majority wishes to get rid of the mortgage of the " republic rouge". A new government (Executive commission) allows to eliminate the men on the left from the preceding government. Etienne Arago, Garnier-Pages, Pierre Marie and Lamartine is preserved but Ledru-Rollin owes its maintenance only with the intervention of Lamartine warning against the affront made to the republicans in the event of his ousting. May 10th, the assembly refuses the propostion of Louis Blanc to create a Ministry of Labor, it is satisfied with a board of inquiry on the fate of the workers. She prohibits the delegations of the clubs at the assembly to deposit petitions there (practical old woman of the Revolution of 1789). May 15th, it benefits from a republican demonstration in favor of Poland which fights to free itself from the Russian supervision, to make stop the republican chiefs (Auguste Blanqui, Raspail, Huber, Armand Barbès, Albert.

To the elections complementary of June 4th, the Left the Order, progresses. Adolphe Thiers is elected in 4 departments, Louis-Napoleon Bonaparte is elected in 4 departments but gives up sitting. On the other hand, the democrats and the Socialists have elected officials in Paris (Joseph Proudhon and Pierre Leroux). Thus consolidated, the majority closes the national Ateliers on June 21st. The popular classes of Paris are raised. They are the Journées of June 1848. They are crushed in blood by the army, the National guard and the mobile Guard under the orders of the republican General Eugene Cavaignac. The survivors are off-set in Algeria. With the elections complementary of September 17th, the party of the Order is reinforced again: there are 15 monarchists out of 17 elected officials (of which Louis-Napoleon Bonaparte, who decides to sit).

The discussion of the Constitution

As of on May 17th, 1848, the assembly creates a Committee of Constitution of 17 members. Beside the Socialist Victor Considering, one finds there Odilon Barrot, orleanist, Jules Dufaure, orleanist, Alexis de Tocqueville, conservative, Cormenin, a moderated republican, who is the president and Armand Marrast which is the rapporteur. These last three are in favor of one presidential regime to American. A project is sent before the commissions of the Parliament as of at the end of May, but these last begin the discussion only after the days of June. The discussions are sharp there. and allow the Committee of Constition to amend its project which is filed in for the general discussion on August 31st. The examination article by article takes place from September 4th to October 27th. The text is again sent before the Committee of Constitution from October 27th to November 1st. The final discussion proceeds from November 2nd to 4th.

The discussion of the declaration of the Rights shows the preserving orientation that the components want to print with the new republic. It is the right to the work which unchains passions. In reference to Article 21 of the Constitution of Year II, the republicans and the Socialists want that the Constitution into just the principle, provision very awaited in this period of strong unemployment. Adolphe Thiers is opposed arguing that it is dangerous to promise that one will be able to always offer work. in addition he thinks that will demobilize the effort of saving of paid (quite thin he is true with the reason of the weak wages of the time). Toqueville sees there the introduction of Communism in France, this " new form of servitude". The law the labor is replaced by a right vagueness to the assistance much less constraining. The republican currency Freedom, Equality, Fraternity, is framed by the principers Famille, Travail, Propriété and Order on the proposal of Theodore Ducos.

Prosper Duvergier de Hauranne request suppression of the reference to the right to the assistance and even to that of the instruction. Charles de Montalembert fights to impose the freedom of the teaching (which must support the Catholic schools) vis-a-vis the " Communism intellectuel" set up by the official monopoly of 1806 on the University. The discussion is constant on the organization of the capacities. Thiers is opposed to the existence of only one legislative room (monocamerism) because " freedom is born from the contradiction" , it in addition blames the principle even vote for all. The need even for a president of the Republic is put in debate, some thinking that a President of the Council of Ministers would be enough. Much requires prohibition for the Bonaparte family to be presented to the election (at the same time Louis-Napoleon Bonaparte is made elect appointed in many departments and propaganda in its favor develops). Victor Hugo request in vain the total ban of the capital punishment (already obtained in the political arena). The separation of the Churches and the State, acquired in 1795, removed by the Concordat of 1801 are rejected. The military replacement, favorable to wire of the middle-class is also object of polemic, but its existence is returned to a later law. The tax proportional is obtained after sharp discussions to make move back the spectrum of the graduated income which frightens so much having them.

The Constitution is voted on November 4th, 1848. The constituent Assembly had envisaged to supplement it by organic laws, but its mauvaies relations with the new president of the Republic Louis-Napoleon Bonaparte did not leave him time little of them.

The theory of institutional operation

Heiress so much of the revolutionary tradition than of the practical member of Parliament under Louis-Philippe {{Ier}}, the constitution of 1848 is deeply original: she tries a synthesis of the various constitutional heritages. The legislative Parliament is single as in the constitutions of 1791 and 1793 all while taking as a starting point the two large other institutional models of the time, the the United Kingdom, parliamentary Régime and the the United States, Presidential regime.

General information and principles of the text

The preamble

He proclaims basic principles " In the presence of God and in the name of the People français". The preamble joins again with that 1792 by affirming l'" indivisiblity of République". It prohibits the slavery which had been restored by Napoleon Bonaparte. It comprises a Declaration of the Rights and Duties.

Theoretical principle of the organization of the capacities

The capacities are organized according to an absolute separation. Indeed the President and his government are not responsible in front of the National Assembly. It cannot dissolve the Parliament either.

The organization of the institutions

Legislative power

The legislative power is the first which is organized by the Constitution (22 articles). The sovereign people delegate to his legislative power to a single assembly . She is made of 750 members of at least 25 years of age. They are elected by the male vote for all (21 year old voter minimum) with the departmental list system. The elections take place with the place chief of the canton. The deputies are elected for three years and its re-eligible immediately. The Parliament is completely renewed every three years. The Parliament is permanent, but between the sessions an office of 25 elected members ensures permanence. It cannot be dissolved and decides itself of the place of its meetings and the military force charged to protect it.

The assembly votes the laws which are with its initiative or that of the government. The president cannot oppose his veto to a voted law it can however ask for a new deliberation. It is the Parliament which declares the war and ratifies the treaties.

Executive power

The executive power is entrusted to a President of the Republic by taking as a starting point the American model. This one is elected for 4 years by the universal direct suffrage in the majority relative with a minimum of 2 million voice; it is re-eligible only 4 years after the end of its mandate. It must be at least 30 years old. Some fear the danger of this popular mandate. An amendment aiming at drawing aside from the candidature the members of the former reigning families is isolated. Indeed certain components wanted to avoid a diverting of the mode by excluding from the race to the election the nephew of Napoleon and the family members royal. With its taking up the duties it lends oath in front of the National Assembly.

The president cumulates the functions of Head of State and Chef of the government. As a Head of State, it has the armed force, without never being able to order it in person, negotiates and ratifies the treaties, appoints the officials and has the right of reprieve. The foreign ambassadors are accredited near him. As a Chief of the Government, it names and revokes the ministers (of which the number and attributions are fixed by the assembly) and has a big role in the legislative procedure since it promulgates the laws and in on the initiative. It can ask a new deliberation of the voted laws. Each year he addresses a message to the assembly to expose to him the state of the businesses of the Republic. Its acts must be contresigned by a minister. He perceives an annual treatment of 600.000 francs and is placed in the national palates. The president proposes with the Parliament the election of a vice-president (who replaces it in the event of failure and which chairs the Council of State). Just like the minister the president can pêtre translates before a High-Court of justice (5 judges coming from the Court of appeal and jury from 36 members coming from the general advices from the department).

A short destiny

The capacities are organized around two strong capacities, also legitimated by the vote for all. There is no peaceful resolution of the conflicts possible. But the components did not fear the conflicts because they considered that the executive was subordinated to the legislature, and the extreme specialization of the two capacities like a guarantee. However the reality of the presidential election makes of an individual the holder of popular legitimacy whereas in the assembly it is émiettée between 750 deputies (in addition nonhomogeneous on their political options).

The mode will never function like had envisaged it the components since Louis-Napoleon Bonaparte is triumphantly elected President of the Republic the December 10th 1848 and that the assembly elected with the legislative elections of the May 13rd 1849 is mainly monarchist.

The Republic is reversed by a coup d'etat of Louis-Napoleon Bonaparte the December 2nd 1851.

See too

Sources

Philippe Vigier, the Second Republic , PUF, Collection Which do I Know?
Georges Duveau, 1848 , NRF, collection Ideas
constitutions of France since 1789 , Garnier-Flammarion, presentation of Jacques Godechot.

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