Political revolution: the revolutionary French constitution
The revolution was that political, and through this word I mean the
Greek exception of this word, is the administration and manage of a State;
before more revolutionary was the American constitution, that was already
present in the daily actions, the independence of colonies was alone an
ascertainment of the ideal and natural presence, that not was political because
that the American constitution said was already present; and here the geography
is relevant, because the colonies were afield from the English power, in fact
they were already independent, but the political concepts that are expressed in
the French constitution, are radical, the automatic question is, why? Today for
us this political document is alone a constitution without importance, why? Simple
because in Europe, these constitutions are very common, daily, hence, the
second question is “Why we should have more interest for this?”, because it is
a revolutionary constitution, that in Europe, and the geography is more
important than before, these constitutions, or constitutions aren’t; the will
of the king was the law; instead the will of people is the law, naturally this
constitution was written from jurist men, that gone out from a monarchic State,
the last French king Louis 16th, decapitated in January of 1793,
hence the difference the differences have to very much relevant, in fact: “Article
1. The rights of the men are the freedom, equality, the sureness and the
propriety”; the laic nature of this constitution is evident because the first
article doesn’t mention God, and the differences are soon present in second
article: “The equality is in that the law is equal to each, that it shield or
punish. The equality doesn’t admits differences for the birth, neither heritage
neither power”; today it is absolutely normal, but in French or better in
Europe of 1793, when this constitution was enacted, it was the true revolution,
and I repeat, this constitution was enacted from a European country. The
principles that are expressed in same article are very relevant for a
constitution, because it wanted, although not written, the unity of a State
around the State, the new State, that now was become the republic, hence the
unity of citizens was fundamental, in fact: “The sureness is the participation
of everybody for to insure the right of each citizen. The propriety is the
right of joy and manage of owns, of his incomes, and of the fruit of his work.
The difference is more stressed in 6th article: “The law is the
general will that expresses through the
majority or of the citizens or their represents”; it is a revolutionary
document because in Europe these equality in front of the law impossible; and
it is important not certainly because it is a constitution, because the
American constitution was already present and perfect, for its rights, hence
the amazing is very limited, because here is repeated that in American
constitution was present, and the American constitution was enacted when the burst
of the French revolution, we can’t think that has been direct or indirect
influence because in French as in Europe, except the English monarchy, known
that was burst a independence war in the American continent, because the
people, in Europe, didn’t know neither that a American continent existed; the
juridical brain that has thought this constitution wanted stressed the
independence, but not from other State but from other model, that monarchic,
therefore the differences are radical. The awareness of new time and new
institutions is in this article, this is the 14th, that today is the
absolutely common, but have past also 234 years from this constitution:
“Nothing law, neither criminal nor civil can’t have the retroactive effect”; I
repeat it is normal today, but when the constitution wasn’t and the law was the
king, everything was subject to him, also the law. The 16th article
ids the celebration of this new spirit: “Every contribution is issued for the
general utility; and it must be distributed among the taxpayers, for their
possibility”; today it is normal, but I remember to the commentators that the
General States were met because the economic crisis was very radical, and the
bourgeois and the people have to keep the clergy and aristocracy, that have not
to pay the taxes, but also the poverty of the aristocracy is, although
shrouded, in the words: “must be distributed among the taxpayers”, because the
revolutionaries known perfectly that the aristocracy by now was very
impoverished, hence every taxpayer could have given how much was possible. And
the article 17th The sovereignty is essentially in the universality
of citizens”; it is the fundamental document of historical progress of
revolution, the change very radical of concept of power, now the citizens are
the represent of the French, that have delegated liable for their
representation in national assembly. And the article following issues better
this concept: “Nobody, nor meeting of citizens can attribute the sovereignty”,
it is the supreme spirit of revolution, so that nobody except the national
assembly has the power. The true revolution, political revolution, is in this
article that want guarantees to everybody, in sense purely theoretic, the
possibility of represent but with much limits, this is never think to absolute
power. The article 19th confirms this article: “Nobody can, without
legal delegation has authority, or to be employer in some public function”;
this law wants hinder that died a king other can come. The 21th article
confirms this spirit: “The public functions can become the owner of who works
it”; this is nobody can become king, since that monarchy had granted some
public work and through. In Latin language it sounds as “Quandoque bonus
Homerus dormitat”, some time also Homer sleeps; this is the meaning also the
better men can mistake; and the revolutionary constitution uses the gospel and
not alone for a mention, but in constitution, in article 2th regard the duties
of citizens this paper says: “Not make to other that you don’t want somebody
makes to you. You must make to other the good action that you would”; we can,
rightly, laugh of this step, because it is very useless and absolutely
abstract, yes, its right! But we must also consider that the French was again
Catholic and the revolutionary spirit in common people wasn’t, actually the
traditionalism was very strong, for this Napoleon could issue his govern, that
formally isn’t but in reality it was absolutely monarchic. Naturally can’t lack
the nature of a State antimonarchic that must suggest the desistence toward
every form of monarchy: “The duties of every citizens toward the society is to
defend, to server, to live under the laws and to respect who are their
institutions”; it is a motive valid to think that the Jacobinism has taught
that somebody could also think of to take the power, and it in fact occurred,
Napoleon, but same Napoleon was under the laws. The Christian morality was
truly deep in the French people, because the article 4th is a true
representation of Christin doctrine: “Nobody is a good citizen if he isn’t also
good son, good father, good brother, goof friend, good husband”, to this
article lacks something very important, it is: “He must goes to Jerusalem with
pilgrims, and every day must pray, in church, our God; if the constitution was
also of this article the revolution would be submerged from the fairs; further
the accuse of atheism that the factions bourgeois could use against the Jacobin
was reals, and a country again Catholic as the French has had react very evil.
Alessandro Lusana
.