In 1870, the armies of the Second Empire were defeated by the Prussian military at Sedan. While Napoleon III was held captive by the Prussians, a provisional government was appointed. In 1871, with Paris still under siege by the Prussians, a civil war broke out – the Paris Commune – which was struck down with violence by the new government. In this atmosphere of emergency and crisis, a National Assembly was elected to frame a new constitution, which would replace the defunct imperial institutions. The choice between monarchy and republic was the first problem with which the Assembly was confronted. At first, it seemed as if a restoration of the monarchy was unavoidable. Loyalists to the Count de Chambord, pretender to the throne of France since 1830, had the upper hand in parliament. But Chambord's intransigence concerning the tricolour gave the advantage to the republicans, who were also gaining electorally in the by-elections. As a result, the restoration of the monarchy failed, and the constitution of 1875 instituted the Third Republic, which would continue to exist until 1940.

The constitution of the Third Republic clearly showed the distrust of its framers vis-à-vis popular democracy. Although the Chamber of Deputies was chosen by universal suffrage, it was checked by a strong executive and a conservative Senate. The president of the Third Republic was appointed by both chambers for seven years, so as to represent the continuity and stability of the executive power as compared to the four-year tenure of the Chamber.