World War II.2C the Allied occupation of Japan.2C and revising the Japanese constitution Charles Louis Kades




1 world war ii, allied occupation of japan, , revising japanese constitution

1.1 order revise constitution , committee formation
1.2 drafting process
1.3 submitting ghq draft , marathon drafting session
1.4 constitutional debate in japanese government , adoption of new constitution





world war ii, allied occupation of japan, , revising japanese constitution

an army reservist since 1924, kades entered active military duty army in 1942. after service in army civil affairs division in washington, participated in u.s. d-day landing in southern france in august, 1944. ten days after being promoted rank of colonel, kades went japan member of occupation forces on august 25, 1945. although serving chief of ghq s government section, kades became deputy chief following arrival of new chief, major general courtney whitney, in december, 1946. deputy chief, kades ordered supreme commander allied powers (scap) douglas macarthur chair ghq s steering committee on revising japan s constitution.


order revise constitution , committee formation

according kades, first informed of macarthur s order government section revise japanese constitution on february 3, 1946. having concluded constitutional revisions presented japanese previous day unacceptable, macarthur decided model constitution needed. these orders given whitney, conveyed them kades along notes in pencil dictating following 3 principles shape draft:


1. emperor head of state, succession dynastic, , duties , powers subject constitution , people s will.


2. japan renounces right war, , shall maintain no army, navy, or air force.


3. japanese feudal system abolished, , rights of peerage , nobility replaced system based on british parliament.


upon receiving these orders, kades became part of three-man steering committee lead drafting process. kades, along lieutenant colonel frank hays , commander alfred hussey, decided split government section 7 committees each work on different sections of constitution. whitney accepted idea, , announced government section on february 4, 1946 orders keep project top secret. gave government section 1 week complete drafting process.


the drafting process

according kades, steering committee charged each committee responsibility of conforming draft general principles set forth in state-war-navy coordinating committee s statement of policy entitled reform of japanese governmental system (swncc 228), , ...follow format of meiji constitution closely consistent changes each committee recommend.


although drafting process controlled americans, drafters did not import american constitution, nor did create new constitution either. according kades, japanese sources useful. used advantage outlines of draft constitutions had been published [japanese]progressive, liberal, , socialist parties. drafters referred constitutions approximately twelve other countries obtained beate sirota , lieutenant milton esman, , kades encouraged drafters consult meiji constitution of 1889.


from february 4 february 7, each committee prepared , submitted respective draft steering committee advice on revision. after meeting each committee on february 8 , 9, steering committee submitted consolidated draft general whitney on february 10 consisting of thirty-three articles. macarthur received draft whitney same day , approved on february 11, making 1 change. on february 12, draft underwent final changes steering committee , members of various government section committees, again submitted macarthur via whitney, , approved night submission japanese officials.


submitting ghq draft , marathon drafting session

on february 13, 1946 whitney , steering committee members presented 4 copies of completed ghq draft foreign minister shigeru yoshida, misister of state in charge of new constitution jōji matsumoto, foreign ministry interpreter genkichi hasegawa, , yoshida s aid jirō shirasu. whitney explained these cabinet members draft submitted on february 2 wholly unacceptable , draft more acceptable supreme commander had been prepared them. americans moved garden of residence , waited 1 hour japanese officials read draft. yoshida explained not comment on draft before consulting prime minister kijūrō shidehara, whitney replied passing draft in government s best interest , 4 americans left.


after meeting, japanese cabinet replied letters explaining american draft direct , contained ideas not work in japan. whitney reiterated drafts benefits , explained scap prepared present draft japanese people directly should cabinet refuse it.


at 10:00 on march 4, 1946, japanese cabinet officials delivered new draft based on ghq s scap headquarters. whitney, steering committee , translators/interpreters ghq met these cabinet members translate , discuss draft. japanese officials had removed and/or altered many ideas, such popular sovereignty, kades insisted unacceptable. 2 groups argued these changes until matsumoto left meeting , relinquished responsibility tatsuo satō , remaining officials. @ point, decided no 1 else leave until draft acceptable both groups completed. 2 groups continued argue both meaning of words , inclusion of amendments. negotiations continued until evening of march 5, completing thirty-two-hour drafting session. new draft submitted macarthur immediately, approved later night. japanese published translated outline following day, , macarthur publicly endorsed it.


constitutional debate in japanese government , adoption of new constitution

following elections of 1946, special committee appointed study scap s draft, had been presented japanese product. draft debated , amended, both directly japanese lawmakers , indirectly through scap, until being put vote. constitution, had undergone approximately thirty revisions japanese lawmakers, adopted on october 7, 1946 vote of 421 8 in house of representatives , vote of on 300 2 in house of peers. emperor hirohito announced promulgation of new constitution on november 3, 1946 , constitution became effective on may 3, 1947.








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