JAPANESE CONSTITUTION

1. F.E.C. decided on 20th March on the following statement on the
Japanese Constitution [1]-

'The Commission has received from the United States Government the
text of a draft constitution which appears to have been drawn up
in compliance with an Imperial rescript the text of which has also
been supplied by the United States Government along with the
Supreme Commander's comments on that text.

The opening sentences of this draft indicate to the Commission
that it will be presented to the first Session in the Japanese
Diet which will be chosen at the forthcoming general elections.

[2] The Commission therefore assumes that this and possibly other
texts will be debated in the Diet and that amendments may be
ordered and perhaps other proposals introduced.

The Commission therefore desires that the Supreme Commander keep
it informed of the progress and development of this and other
drafts that may be considered by the Diet.

Far mindful of its responsibilities under its terms of reference
for the formulation of policy in regard to the implementation of
the surrender terms and of the important bearing which this or any
other proposed changes in the Constitutional structure of Japan
may have upon the decisions in carrying out that responsibility
the Commission desires that the Supreme Commander for the Allies
make clear to the Japanese Government that the Far Eastern
Commission must be given an opportunity to pass upon the final
draft of the Constitution to determine whether it is consistent
with the Potsdam Declaration and any other controlling document
before it is finally approved by the Diet and becomes legally
valid.

The Commission believes that in this way hasty action by the
Japanese Diet will be prevented and time given for all elements
inside and outside the Diet to consider this very important
question and bring to th[at] consideration all available thought
produced by the freely expressed will of the Japanese people.

In this connection the Commission notes the encouragement given to
the Japanese people in the Supreme Commander's announcement that
this draft of proposed constitution has his personal approval. It
is somewhat apprehensive that this approval may be misunderstood
by the Japanese public and taken to mean that this particular
draft has the approval of the Powers represented on this
Commission.

As such is not necessarily the case and as the Commission does not
want to take any action in regard to this or any other draft
constitution that might prejudice Japanese public opinion for or
against any proposal of th[is] nature it considers that the
Supreme Commander for the Allied Powers should in some appropriate
manner make it known to the Japanese people that while this draft
of a proposed constitution is a document of obvious merit and is
available now for consideration and study the fact that it is a
draft prepared by the Government does not preclude favourable
consideration of other proposals or drafts which may be submitted
to the Diet for study and comparison.

The Commission requests that the United States Government inform
the Supreme Commander of its views as expressed above and since
the Constitutional Issue is one that is likely to influence the
votes of the electors it does so with a minimum of delay.'
2. The text sent to the United States Government for directive to
be sent S.C.A.P. in accordance with III(1) of Commission's terms
of reference. [3] Suggest foregoing be sent immediately to
Macmahon Ball to give him advance notice and let him check on
accuracy of J.C.S. [4] transmission to MacArthur.