Malcolm Rivera
The United States has had a significant influence on Japan's constitution, with the post-World War II MacArthur Constitution being regarded as imposed by the US on Japan. This constitution included limitations on the powers of the Emperor, reduced state control of education and local government, and supported labor unions. While the US initially pushed for Japanese rearmament, the US-inspired constitution has since been used as a reason for Japan's reluctance to do so. The US-Japan Security Treaty of 1952 allowed the US military to maintain its presence in Japan. Today, the potential amendment of Japan's constitution, particularly Article 9, which renounces Japan's right to wage war and maintain military forces, has been a topic of debate. Prime Minister Abe, who considers Article 9 an American imposition, has pushed for constitutional revision, but public opinion is divided, and any amendments would require a two-thirds majority in both houses of the National Diet and approval in a referendum.
| Characteristics | Values |
|---|---|
| Reason for USA involvement | USA pressed for Japanese rearmament while the Japanese government resisted in the name of the American-inspired constitution |
| Who imposed the constitution? | GHQ General MacArthur |
| Who was it imposed upon? | Japan |
| Why was it imposed? | To encourage Japan's new leaders to initiate democratic reforms on their own |
| What was the result? | The Meiji Constitution was replaced with a more liberal document |
| What does Article 9 of the constitution say? | Japan renounces its right to wage war and to maintain military forces |
| What is the current stance on Article 9? | Conservative Japanese remain dissatisfied with it, but vigorous opposition by the left and the public has prevented its amendment |
| Who supports the amendment? | Prime Minister Abe, who is also President of the LDP |
| Who opposes the amendment? | The left, the public, and the socialist and communist parties |
| What do opinion polls say? | According to a poll in December 2017, 54.8% of respondents opposed the revision of the constitution, while 33% backed it |
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What You'll Learn
The USA's role in Japan's constitution
The United States played a significant role in shaping Japan's constitution, particularly in the aftermath of World War II when Japan was under Allied occupation. General Douglas MacArthur, the commander of Allied forces in the Pacific, was a key figure in this process. The resulting constitution, sometimes called the "MacArthur Constitution", was drafted in 1946 and adopted in 1947.
The "MacArthur Constitution" included several notable features. Firstly, it reduced the role of the Emperor to a symbolic position, stripping him of the supreme political power granted under the previous Meiji Constitution. Secondly, it emphasised guarantees of civil and human rights, including freedom of speech, assembly, and association. Thirdly, and most controversially, it included Article 9, which renounced Japan's right to wage war and maintain a military. This article was included to ensure that Japan would not engage in war again, but it has been a source of ongoing debate and attempts at amendment.
While the United States was a major influence, recent scholarship has highlighted a more complex and collaborative process in the constitution's creation. Japanese historians and political scientists have re-examined the role of Japanese democracy-building efforts and the participation of various Japanese actors in the constitution-making process. There is also evidence that the United States did not intend to unilaterally impose a new political system on Japan. For instance, the Potsdam Declaration suggested that the Japanese government should initiate democratic reforms independently. However, there was tension between MacArthur's staff and Japanese officials over the writing of the new Constitution.
In the postwar period, the United States and Japan developed a close security alliance, as reflected in the U.S.-Japan Security Treaty of 1952. Interestingly, while the United States initially pushed for Japanese rearmament, the Japanese government resisted, citing their commitment to the American-inspired constitution. Over time, Japan did rearm, establishing a "National Police Reserve" and, later, Self-Defense Forces, but these forces were intended for defensive purposes only.
In recent years, there has been a growing debate in Japan about amending the constitution, particularly Article 9, due to changing security concerns in East Asia. Prime Minister Shinzo Abe has been a prominent advocate for constitutional reform, but public opinion remains divided, and any amendment would require a two-thirds majority in both houses of the National Diet and approval in a referendum.
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Article 9 and Japan's right to wage war
Article 9 of the Japanese Constitution, also known as the "Renunciation of War" clause, explicitly states that "the Japanese people forever renounce war as a sovereign right of the nation and the threat or use of force as a means of settling international disputes". It further asserts that "land, sea, and air forces, as well as other war potential, will never be maintained" and that the "right of belligerency of the state will not be recognized". This article was included in the constitution, imposed by the US during its occupation of Japan following World War II, to prevent Japan from rearming and engaging in future wars.
The inclusion of Article 9 in Japan's constitution was driven by the US aim to ensure that Japan, as a defeated power in World War II, would not pose a military threat again. The US, led by General Douglas MacArthur, oversaw the drafting of Japan's postwar constitution, resulting in what some call the "MacArthur Constitution". This constitution significantly reduced the emperor's role, weakened state control in various areas, and supported labor unions, marking a shift toward a more liberal and democratic Japan.
Despite the pacifist intent of Article 9, Japan has retained a de facto military force in the form of the Self-Defense Forces (JSDF). Established in 1954, the JSDF is a paramilitary force that has been interpreted as acceptable under the constitution as it serves purely defensive purposes and has no offensive capabilities. This interpretation has been upheld by Japan's Supreme Court, which has refused to overrule the existence of these defensive forces.
Over time, there have been efforts, particularly by conservative and nationalist forces, to revise Article 9 and grant Japan more autonomy in military matters. Prime Minister Shinzo Abe, for instance, has pursued constitutional reform, aiming to include an explicit reference to the Self-Defense Forces to legitimize their existence. However, these attempts have been met with vigorous opposition from the left and the public, preventing the amendment of Article 9.
The debate surrounding Article 9 continues, with some polls indicating a roughly equal split among the Japanese populace regarding support for changing the constitution. The evolving security environment in East Asia, including tensions on the Korean peninsula and China's growing assertiveness, has further fueled discussions on whether Article 9 should be amended to allow Japan greater flexibility in ensuring its defense.
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The emperor's reduced role
The role of the emperor in Japan's system of constitutional monarchy was significantly reduced following World War II. Under the Meiji Constitution of 1889, the emperor was invested with supreme political power. However, the 1946 constitution, also known as the "MacArthur Constitution", reduced the emperor's role to that of a ceremonial figurehead, with the role of "the symbol of the State and of the unity of the people".
This change was a result of the Potsdam Declaration, which Japan accepted following its surrender in World War II. The declaration stated that Japan must "remove all obstacles" and implement democratic reforms. Initially, Emperor Hirohito, Prime Minister Kijūrō Shidehara, and most cabinet members were reluctant to adopt a more liberal constitution. However, under pressure from GHQ General MacArthur, the Japanese government began the process of constitutional amendment.
Konoe, a member of the Office of the Minister of the Interior, submitted a proposal for amendment that included the "limitation of the imperial prerogative". This proposal was never approved as a draft, and authority over the amendment process was transferred to Shidehara's cabinet, which established the Matsumoto Committee to suggest revisions. The resulting 1946 constitution reduced the emperor's role to a purely symbolic one, removing his political power.
Despite attempts by conservative and nationalist forces to revise the constitution and restore the emperor's power, it remains the world's oldest unamended supreme constitutional text. Amendments require a two-thirds vote in both houses of the National Diet and approval in a referendum, making the process extremely difficult. While there is some support for altering the constitution among the Japanese populace, opposition parties and left-wing groups have successfully blocked any reforms, maintaining the emperor's reduced role.
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The difficulty of amending Japan's constitution
Japan's constitution has gained fame as the "pacifist constitution" due to its Article 9, which vows to "renounce war as a sovereign right of the nation". The constitution also guarantees individual rights, including legal equality, freedom of assembly, association, and speech, due process, and fair trial. It reduces the emperor's role to a symbolic figure and strips him of his supreme political power.
Amending Japan's constitution is a difficult process. Amendments require a two-thirds majority vote in both houses of the National Diet (the House of Representatives and the House of Councillors) and approval by a simple majority in a referendum. This high threshold for amendments has been attributed to the constitution's American authors, who wanted to ensure that the fundamentals of the regime they had imposed would be resistant to change.
The process of amending Japan's constitution was further complicated by the need for the Emperor's promulgation. While the Emperor cannot veto an amendment, their role is necessary to finalize and announce the successful amendment in the name of the people. This unique aspect of Japan's constitutional amendment process adds another layer of complexity.
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The USA's influence on Japan's rearmament
The USA has had a significant influence on Japan's rearmament, or lack thereof, since the end of World War II. The USA led the Allies in the occupation and rehabilitation of Japan, with General Douglas MacArthur taking charge of the Supreme Command of Allied Powers (SCAP) in September 1945. The Potsdam Declaration, which ended the war, called for the disarmament of Japan and the prevention of its remilitarisation. MacArthur was responsible for implementing widespread military, political, economic, and social reforms in Japan, including amending its constitution to include liberal elements. This new constitution, known as the "MacArthur Constitution", included a vow to renounce war as a sovereign right of the nation and the elimination of all non-defensive armed forces.
Despite this, by the end of the occupation, the Americans were pressing for Japanese rearmament. Dulles encouraged Japan to rearm itself to become an effective military ally of the USA. Initially, the Japanese government resisted, citing the devastation of the war and the American-inspired constitution as reasons against rearmament. However, they eventually agreed to create a National Police Reserve, a paramilitary force of 75,000 to defend the Japanese islands.
In 1952, the United States Congress ratified a peace treaty that formally ended the American occupation of Japan and allowed the American military to continue to use important bases in Japan for defence purposes. This marked a shift in American policy towards encouraging a limited rearmament of Japan under the protection of a close relationship with the United States. This policy was developed by the conservative Liberal Democratic Party (LDP), which controlled the Japanese government for most of the postwar period. The LDP included right-wing nationalists and pro-American conservatives, and their policy was attacked by both the left and the right.
Despite the push for rearmament, fears about militarism and war remained strong in Japan, and there was significant opposition to any expansion of the Self-Defense Forces. The socialist and communist parties maintained enough popular support to block any reform of the Japanese constitution, and the LDP's policy of limited rearmament was even pressured by the United States.
In recent years, support for altering the constitution has risen, with polls showing a roughly 50-50 split between those for and against changing the constitution. Prime Minister Shinzo Abe has pursued constitutional reform, particularly around Article 9, which renounces Japan's right to maintain military forces. However, any deliberations have been called into question due to allegations of corruption.
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Frequently asked questions
General MacArthur of the US's GHQ granted Konoe of the Office of the Minister of the Interior the authority to amend the Constitution. Konoe proposed a liberal amendment, including "limitation of the imperial prerogative," "independent dissolution of the Diet," and "freedom of speech." However, this proposal was never approved as a draft, and the authority to amend the Constitution was transferred to Shidehara's cabinet.
Article 9 of the Japanese Constitution is known for its vow to renounce war as the sovereign right of the nation. It states that Japan will never maintain "land, sea, and air forces, as well as other war potential." This article has been interpreted differently over the years, with some arguing that Japan can maintain purely defensive military forces. While conservatives want to revise it, the left and the public have successfully opposed any amendment.
Given escalating tensions in East Asia, Prime Minister Shinzo Abe has pushed for constitutional reform, particularly to define the role of the Self-Defense Forces (SDF). However, there are fears that amending the Constitution to include the SDF will lead to the military and government running out of control.
The USA does not have the power to directly oppose Japan's constitutional amendments as Japan is a sovereign nation. However, the two nations have a close relationship, and the USA maintains a substantial military presence in Japan. The USA has historically influenced Japan's constitution, and there is ongoing debate about the extent of American influence on any future amendments.
