740.00119 Control (Japan)/10–1045: Telegram
The Acting Political Adviser in Japan (Atcheson) to the Secretary of State
[Received October 10—1 p.m.]
31. Reference our No. 18, October 4 requesting telegraphic summary of draft directive on revision of constitution. Accompanied by Professor Takagi25 of Imperial University, Konoye26 called on me informally last evening at his request as result of his call on General MacArthur October 4 at which I was present and at which the General told Konoye that Jap constitution must be revised. Konoye asked me for advice and suggestions; lacking the directive on this subject, I offered personal, unofficial comment on general character as follows:
(Begin summary) 1. House of Representatives, only Govt branch purporting to represent the people, enjoyed only limited powers. Cabinet was not responsible to it and constitution lacked any provision whereby, for example, Cabinet must have confidence of House and fall upon vote of censure. House had only limited control over budget and none over expenditures of Imperial household. It was not competent to pass a bill into law after disapproval thereof by House of Peers which could interminably block legislation. It was subject to dissolution and to facing reelection on arbitrary dictum of higher authority.
2. In such “Bill of Rights” as existed, each right was emasculated by restriction to “within limits of the law”. There was no specification of the electorate, no guarding of people from evils of centralized police control and centralized control of education.
3. House of Peers was not democratic in any sense, represented only nobles, financiers and payers of high taxes and exercised extraordinary control with support of people’s will.
4. There was no provision for judicial protection of people’s rights as against govt for impeachment of officials.
5. There was no provision to regulate and control War, Navy Ministers (if there should be any in future), to make them responsible to the govt and thus deprive militarists of grip on govt through powers not acquired by constitutional means such as direct access to throne and power to block formation of Cabinet by refusing to serve; democratic constitution would require such officials to be civilian.
6. Privy Council was extra-governmental body serving in restraint of House of Representatives and people’s rights.
7. There could not be a govt reflecting “freely expressed will of the people” if the people’s representatives could not initiate and adopt amendments to the constitution and if Emperor could override the veto, enact laws when Diet not in session and keep Diet out of session in order to continue such laws. (End summary)
[Page 740]Konoye indicated that Emperor was in favor of revision and that he himself would actively work therefor. He asked that we have further discussions and that I also receive Tagaki for that purpose. It would accordingly be helpful if Dept could expedite sending of material requested in reference telegram. Despatch follows.27