Documents with Commentaries

4-11 Far Eastern Commission, "Further Policies relating to a New Japanaese Constitution" and Civilians' Clause

 The policies in "Basic Principles for a New Japanese Constitution," adopted by the FEC on July 2, 1946, included the principle that all ministers of state be civilians. MacArthur discussed this matter with Prime Minister Yoshida on August 19. However, the Japanese government argued that including a provision presupposing the existence of military persons was meaningless because the second paragraph of Article 9 provided for the elimination of the military. With this argument they got GHQ's approval not to include the civilian clause.

 However, with the "Ashida amendment" adding, "to accomplish the aim of the preceding paragraph" to the second paragraph of Article 9, which was noticed by the FEC, the civilian clause came under debate again. Specifically, in the FEC meeting on Sep. 21, the Chinese delegation pointed out that there was a possibility of Japan forming a military under certain "pretexts such as self-defense" which might not be considered as the "aim of the preceding paragraph." Because of these concerns, the FEC determined again to request a provision calling for all ministers of state to be civilians (on September 25, so decided as the FEC policy). General Whitney, Chief of Government Section, informed Prime Minister Yoshida of these developments, and the civilian clause was added to the Constitution in the second paragraph of Article 66 during amendments being made in the House of Peers.

 In the published report on the changes decided in the proposal at the meeting of the House of Representatives' special committee, it noted that the House of Peers had handwritten one change. The term bunmin, translated as "civilian," was a new word created in the subcommittee in the House of Peers for this occasion.

Actual Title of Source Transcript of Twenty-Seventh Meeting of the Far Eastern Commission, Held in Main Conference Room, 2516 Massachusetts Avenue, N.W., Saturday, September 21, 1946
Date September 21, 1946
Document Number Records of the Far Eastern Commission, 1945-1952 Box No. 7 "FEC Verbatim Transcript of Meetings 26-33 (1946.9.19-1946.11.1)" <Sheet No. FEC(A)0085>
Repository (reproduction) National Diet Library
Repository U.S. National Archives & Records Administration (RG43)
Note Microfiche
Actual Title of Source Further Policies relating to a New Japanese Constitution (FEC-087/9)
Date 25 September 1946
Document Number Records of the Far Eastern Commission, 1945-1952 Box No. 204 "Policy No. 18; Further Policies relating to a New Japanese Constitution (FEC 089/9, 1946.9.25)" <Sheet No. FEC(A)1023>
Repository (reproduction) National Diet Library
Repository U.S. National Archives & Records Administration (RG43)
Note Microfiche
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