The new Constitution of Year VIII, Year X and Year XII

Question 1

The law of Brumaire

Answer 1

• established a new system or government proclaimed 15 December came into effect 24 December

Question 2

The constitution of year VIII

Answer 2

• 24th December 1799
• Written by Sieyes and Pierre Daunou (former Girondin)
• a conscious use of
  terms relating to Ancient Rome to stress that this was to be a republic based on models from the ancient world.
• Use of Roman terms
  such as ‘consul’ put a gap between the new constitution and the more extreme republic of the Terror.

Question 3

First consul

Answer 3

• elected and held office for 10 years
• Appoint and dismiss ministers in the Senate
  and Council of State.
• Appoint and dismiss local officials (prefects) and mayors of major towns.
• Direct foreign policy.
• Initiated all legislation.

Question 4

Second consul

Answer 4

• elected to hold office for 10 years
• jurisdiction consultative voice

Question 5

third consul

Answer 5

• elected to hold office for 10 years
  -financial consultative voice.

Question 6

Council of state

Answer 6

• 30 - 40 members Chosen by the first consul
• Nominated officials
• prepared draft legislation

Question 7

Senate

Answer 7

• Composed 80 members aged over 40 nominated by the first consul
• Appointed for life
  Duty to ‘protect the constitution’
• Advised the first consul on draft legislations
• Selected deputies for the tribunate and legislative body
• Could override decisions made by the legislature through senatus consultum

Question 8

Legislative body

Answer 8

Upper chamber of the legislative
Composed 300 members
Vote on legislations but not discuss it

Question 9

Tribunate

Answer 9

• Lower chamber of the legislature
• Composed of 100 members aged over 25
• Would discuss legislation but not vote
  -Served 5-year terms.
• 1/5 to be replaced annually
• Indirectly elected by universal male
  suffrage.

Question 10

First stage of voting

Answer 10

All frenchmen over 21 (6 million)
Required to live in the same house for 1 year
Voted for 10% of them to form a communal list

Question 11

Second stage of voting (communal list)

Answer 11

600,000 citizens
Members selected 10% of themselves to form the department list

Question 12

Third stage of voting (department list)

Answer 12

60,000 citizens
Members selected 10% of themselves to form the notables

Question 13

6000 notables

Answer 13

Senate selected deputies to form the legislature from these notables

Question 14

2nd and 3rd consul

Answer 14

• Sieyes and Ducos step down
• Replaced by Cambaceres, moderate republican (2nd consul) and Lebrun, royalist (3rd consul)

Question 15

Ways in which the constitution was democratic - Provided for ‘universal male suffrage’, unlike the property-based vote of the 1795 constitution:

Answer 15

directly elected local officials.

Question 16

Ways in which the constitution was democratic - Plebiscites (referendum) frequently used by Napoleon to seek popular support for constitutional
changes.

Answer 16

1800 Constitution of Year VIII

Question 17

Ways in which the constitution was democratic - There were some checks on the First Consul’s authority

Answer 17

• legislative approval was needed for budgets and to raise taxes.
• opposition could be expressed in the Tribunate.
• the advisory role of the Second and Third Consuls, the Council of State and a Senate.
  -The Council of State - handpicked but all of them highly qualified and experienced in their respective
  fields.
  -Senatus-consultum: gave the Senate rights to preserve and amend the constitution and to agree to major
  constitutional changes.

Question 18

Ways in which the constitution was autocratic - Democratic element was indirect and very limited

Answer 18

• It was so complex that the ordinary man had very little say in government.
• ‘National List – Notables were the highest taxed men, the richest in each department. E.g. Landowners, merchants, scholars,
  professionals, officials and lawyers.

Question 19

Power was firmly in the hands of the First Consul (highly centralised)

Answer 19

• No law could be passed without the approval of the First Consul.
• Council of State and Senate packed with Napoleon’s supporters.
• Council of State – principal tool and the powerhouse in which all new legislation was forged.
• Tribunate and Legislature weak and ineffective in practice by using sentatus-consultum from 1801
• Senatus-consultum: Senate could override decisions made by the legislature.
• Jan-March 1803 – Napoleon purged the Senate, Tribunate and Legislature
• 1808 – Tribunate body abolished altogether.
• Legislature no more that a ‘yes’ body.

Question 20

plebiscite

Answer 20

• Submitted for approval in a plebiscite february 1800
• 3,011,007 in favour
• 1562 against
• numbers were falsified as 8000 positive votes were added to each department and added a yes votes from all military personal
• 1.5 million votes more realistic