Cause
Why did Japan make the Constitution of Japan? The straightforward answer is that Japan accepted the Potsdam Declaration (1945) as a condition of the Japanese surrender, which required demilitarisation, democratisation and liberalisation of Japan.[21] More directly,
Until such a new order is established and until there is convincing proof that Japan's war-making power is destroyed, points in Japanese territory to be designated by the Allies shall be occupied to secure the achievement of the basic objectives we are here setting forth.[22]
If Japan wanted to end the occupation and regain its independence, it needed to comply with the terms of the Potsdam Declaration.
The next question is what is necessary to fulfil the terms of the Potsdam Declaration, which does not specifically require Japan to change the Constitution. The US Government forwarded the information, ‘The Reform of the Japanese Governmental System’ (approved by State-War-Navy Coordinating Committee (SWNCC) on 7 January 1946), to Commander in Chief, US Army Forces, Pacific (ie MacArthur) for his information on 11 January 1946 (hereinafter ‘SWNCC 228’) which explained that ‘the drafting and adoption of constitutional amendments or of a constitution in a manner which will express the free will of the Japanese people’.[23] Therefore, who could start a discussion and write a draft based on what authority was not clear. Before the SCAP took over the task of drafting the Constitution, at least two attempts were made by members of the Japanese Government, both of which were not necessarily coordinated but were rivals.
As a first attempt, on 4 October 1945, Fumimaro Konoe, a Minister of the Higashikuninomiya Cabinet (17 August 1945-9 October 1945) and the former Prime Minister (4 June 1937-5 January 1939 and 22 July 1940-18 October 1941) visited General Douglas MacArthur, the SCAP, who emphasised the necessity of constitutional amendment for liberalisation during the meeting.[24] On 8 October 1945, Konoe visited George Atcheson, a political adviser for the SCAP and they exchanged views on what would be the main points of the amendment.
On 11 October, Konoe was appointed as a special assistant in the Office of the Privy Seal of Japan by the Emperor after a discussion with Kido, the Lord Keeper of the Privy Seal, whose office was separate from the Cabinet and acted as a direct, personal advisor to the Emperor (Konoe was not a Minister anymore at that time because of the resignation of the Higashikuninomiya Cabinet on 9 October). Konoe and Kido agreed that Konoe prepared the constitutional amendment and Konoe started the preparation with the help of Professor Yasaka Takagi and Professor Soihci Sasaki at a resort hotel in Hakone.[25] However, the international media criticised the choice of Konoe, who could be tried as a war criminal. On 1 November, the SCAP issued a statement to the effect that the SCAP was not involved in Konoe's work, declaring that the constitutional revision had been commissioned to Konoe as a Minister of the Higashikuninomiya Cabinet, which was resolved by the resignation of the Cabinet.[26] Konoe submitted the outline of the constitutional amendment draft to the Emperor. His draft retained the basic structure of the Constitution of the Empire of Japan with some addition based on American advice. On 24 November, the Lord Keeper of the Privy Seal of Japan was abolished. On 6 December, Konoe was ordered to turn himself in for war responsibility, but he refused to comply and committed suicide at his home on 16 December.[27]On 11 October, the same day when Konoe was appointed the special assistant in the Office of the Privy Seal, the Prime Minster Shidehara who succeeded the Prime Minster Higashikuninomiya visited General MacArthur.[28] MacArthur ordered Shidehara to make five major reforms (Five Great Reform Directive): Liberation of women; promotion of trade unions; liberalisation and demonetisation of education; abolishment of secretive oppressive government sections; and democratisation of the economic system. The Japanese side asked MacArthur not to include the constitutional amendment in the reforms as the Shidehara Cabinet wanted to proceed with the Japanese voluntary constitutional amendment and MacArthur respected the Japanese intention as he also preferred the Japanese voluntary amendment.[29] Two days after the meeting, Shidehara decided to establish a committee to investigate constitutional issues.[30] On 25 October the Constitutional Problems Investigation Committee (CPIC) was officially established, presided by Minister Joji Matsumoto whose background was professor of commercial law. The CPIC was originally considered an academic research body but the role shifted from a research body to a drafting body. At the end of January 1946, the CPIC managed to establish a draft (the Matsumoto Draft).[31]
III.