894.011/10–846: Telegram
General of the Army Douglas MacArthur to the Chief of Staff (Eisenhower)16
Z 20663. The House of Peers on 6 October by standing vote of 298 to 2 passed proposed new constitution for Japan with following amendments and revisions:
1. There are few minor changes in Japanese text of preamble, but they are stylistic changes only which do not alter English translation.
[Page 336]2. Article 15 is revised to read: “The people have the inalienable right to choose their public officials and to dismiss them.”
“All public officials are servants of the whole community and not of any special group.”
“Universal adult suffrage is guaranteed with regard to the election of public officials.”
“In all elections, secrecy of the ballot shall be preserved inviolate, nor shall any voter be answerable, publicly or privately, for the choice he has made.”
3. Article 59 is revised to read: “A bill becomes a law on passage by both houses, except as otherwise provided by the Constitution.”
“A bill which is passed by the House of Representatives, and upon which the House of Councillors makes a decision different from that of the House of Representatives becomes a law when passed a second time by the House of Representatives by a majority of ⅔ or more of the members present.”
“The provision of the preceding paragraph does not preclude the House of Representatives from calling for the meeting of a Joint Committee of both houses, as provided for by law.”
“Failure by the House of Councillors to take final action within 60 days after receipt of a bill passed by the House of Representatives, time in recess excepted, may be determined by the House of Representatives to constitute a rejection.”
4. Article 66 is revised to read:
“The Cabinet shall consist of the Prime Minister, who shall be its head, and other ministers of state as provided for by law.”
“The Prime Minister and other ministers of state shall be civilians.”
“The Cabinet, in the exercise of executive power, shall be collectively responsible to the Diet.”
House of Representatives this date by standing vote of 342 to 5 adopted new version with amendments approved by Upper House. Prior to this final action by House of Representatives members of Lower House Constitution Committee had deliberated of [on?] all changes adopted by House of Peers.”
This ends all legislative action on constitution.
Action by Privy Council and date of promulgation will be reported. Promulgation not expected prior to 20 October.
- Copy transmitted to the Department by SWNCC at the request of the Joint Chiefs of Staff with memorandum SWN–4807, October 8, not printed.↩