[Enclosure—Copy]
General of the Army Douglas
MacArthur to the Department of
the Army
confidential
Tokyo, 22 January
1949.
Pass to JCOS. C–67291. Reference
W–83044—for transmittal to Far Eastern Commission.
I appreciate most sincerely your thoughtful courtesy in referring
for my comment the review of the Japanese Constitution. With
you, I have long realized that the emergence of a constitution
which not only satisfied the requirements of the Potsdam terms
but the well-being of a peaceful Japanese society as well, was
the keystone to the arch of Japan’s successful reorientation in
accordance with Allied policy objectives. Upon receipt of FEC 031/41, I formally communicated
the same to the Japanese Government and since then numerous
conferences have been held between this Headquarters and
Japanese Executive and Legislative officials on the procedure to
be followed in such a review. We urged that a joint committee of
the Diet be appointed to
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study the matter. Despite this, however, the Japanese have
shown a strong disinclination seriously to consider
modifications at this time, holding firmly to the view that a
much longer period should elapse before subjecting the document
to the test of mandatory Japanese review.
In general, the provisions of the constitution have worked well.
Copies have been distributed in every Japanese home and much has
been done by the Japanese themselves to educate the people as to
its content and meaning and the document is increasingly
becoming a source, of native pride. Japanese officials of all
three branches of government are more and more turning to the
constitution for guidance. Many healthy debates have been held
both in the legislative chambers and in the public press over
the proper interpretation of various of its provisions and
recognition of the Supreme Court as the final judge of such
interpretation is becoming firmly established, as the
constitutionality of laws is challenged before that tribunal. It
is now universally accepted as an indigenous product with little
or no thought or expression given to Allied assistance in its
composition. There is, indeed no slightest question but that the
Japanese people with practical unanimity would vote to preserve
the document unaltered were the matter referred for popular
action. Nor is there, in my opinion, any question but that the
constitution conforms meticulously with the spirit and intent of
the Potsdam Declaration and other policy considerations
controlling upon the occupation.
While there is no doubt but that improvement toward a greater
degree of perfection is possible in various of its provisions,
it is my belief that any Allied intervention to such end would
only result in altering the accepted character of the
instrument, now off to such a favorable start, to a
disadvantageous degree. This conforms to the view which has
informally been given me by the heads of every Allied Mission in
Tokyo who have discussed the matter with me at all.
If my recommendation were desired, it would be that no action
should be taken by the Allied Powers at this time to force upon
the Japanese people a review of their constitution with the view
to its modification. Nothing could be lost thereby as under its
provisions the document is subject to revision by the Japanese
at any time. They have fully accepted it, appear devoted to its
high principles, and are working well within its framework.
With renewed thanks to the members of the Commission for their
thoughtful reference and cordial expressions of my high
regard.
