894.011/10–1746
Memorandum by the Assistant Secretary of State
(Hilldring)
to SWNCC
[Washington,] October 24, 1946.
Subject: Draft Directive Regarding Provisions For the
Review of a New Japanese Constitution.
There is enclosed a draft directive prepared on the basis of a policy
decision unanimously approved at the 30th meeting of the Far Eastern
Commission on October 17, 1946, under the provisions of paragraph II, A,
1, of its Terms of Reference. It will be noted that this policy decision
is quoted verbatim in the enclosed draft directive.
[Page 347]
It is requested that the enclosed directive be forwarded to the Joint
Chiefs of Staff for transmission to General MacArthur for his guidance
in accordance with paragraph III, 1, of the Terms of Reference of the
Far Eastern Commission. It is assumed that if the Joint Chiefs of Staff
have any question regarding the draft directive they will refer the
matter to the State Department for clarification before transmitting a
directive on the subject.31
[Annex]
Draft Directive Regarding Provisions for the
Review of a New Japanese Constitution
FEC–031/40
The following directive, prepared by the State Department to
implement the policy adopted by the Far Eastern Commission on 17
October 1946 under the provisions of Paragraph II, A, 1, of its
Terms of Reference, has been received from the State, War, and Navy
Departments for transmission to you for your guidance in accordance
with Paragraph III, 1, of those Terms of Reference:
- “1. The new constitution, which will in due season
after promulgation become the legal successor of the
present constitution with such changes as have been made
or may be made as a result of consideration and policy
decision of the Far Eastern Commission, shall be subject
to further review by the Diet and the Far Eastern
Commission in terms of the following paragraph.
- “2. In order that the Japanese people may have an
opportunity, after the new constitution goes into
effect, to reconsider it in the light of the experience
of its working, and in order that the Far Eastern
Commission may satisfy itself that the constitution
fulfills the terms of the Potsdam Declaration and other
controlling documents, the Commission decides as a
matter of policy that, not sooner than one year and not
later than two years after it goes into effect, the
situation with respect to the new constitution should be
reviewed by the Diet. Without prejudice to the
continuing jurisdiction of the Far Eastern Commission at
any time, the Commission shall also review the
constitution within this same period. The Far Eastern
Commission, in determining whether the Japanese
constitution is an expression of the free will of the
Japanese people, may require a referendum or some other
appropriate procedure for ascertaining Japanese opinion
with respect to the constitution.”
