Omar Bennett
Following Japan's surrender in World War II, the country was occupied by the United States, which led the Allies in implementing widespread military, political, economic, and social reforms. One of the primary objectives of the occupation was to establish a 'peacefully inclined and responsible government' based on 'the freely expressed will of the Japanese people,' as outlined in the Potsdam Declaration. General Douglas MacArthur, the Supreme Commander of the Allied Powers, played a pivotal role in this process, initially directing Prime Minister Kijūrō Shidehara to draft a new constitution. However, MacArthur later rejected the Japanese efforts as a mere rewording of the old Meiji Constitution and presented his own draft, which became known as the MacArthur Constitution. This new constitution introduced significant changes, including downgrading the emperor's status, promoting greater rights for women, and, most notably, renouncing Japan's right to wage war and maintain military forces.
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What You'll Learn
US-led Allied occupation
Following Japan's surrender at the end of World War II in 1945, the country was subjected to US-led Allied occupation. The US aimed to ensure Japan would not go to war again and sought to implement fundamental changes in the country's political system. This included demilitarisation, democratisation, and the creation of a ""peacefully inclined and responsible government".
US General Douglas MacArthur, the Supreme Commander of the Allied Powers, played a key role in the occupation. Initially, MacArthur directed Prime Minister Kijūrō Shidehara to form a committee of Japanese scholars to draft a new constitution. However, in February 1946, MacArthur rejected their efforts as a mere rewording of the old Meiji Constitution and decided to create a new draft himself. He ordered his staff, including young Americans and a constituent assembly of around 25 people, to write a new constitution, giving them less than a week to complete the task.
The resulting document, often referred to as the "MacArthur Constitution" or "Post-war Constitution", included significant changes. It provided for a parliamentary system with three branches of government: the National Diet (legislative), a Cabinet led by a Prime Minister (executive), and a Supreme Court (judicial). The constitution also included provisions for "basic human liberties", such as civil rights, universal adult suffrage, freedom of speech, religion, and thought, and greater rights for women.
One of the most notable aspects of the new constitution was Article 9, which outlawed the creation of armed forces and the right to wage war. This article has had a significant impact on Japan's postwar history and defence policy, with Japan maintaining only defensive military forces. The new constitution was accepted by Japanese officials with only minor revisions, and it has governed Japanese affairs ever since.
The US-led Allied occupation also involved economic reforms, including land reform to benefit tenant farmers and reduce the power of rich landowners. There was also an effort to transform Japan's economy into a free-market capitalist system by breaking up large Japanese business conglomerates, or zaibatsu. The occupation sought to address the spread of communism and the potential influence of the domestic communist movement. This period, known as the "reverse course", focused on the economic rehabilitation of Japan.
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The Potsdam Declaration
On July 26, 1945, shortly before the end of World War II, the Potsdam Declaration was issued by the Allied leaders of the United States, the United Kingdom, and the Republic of China, demanding the Japanese military's unconditional surrender, demilitarisation, and democratisation. The declaration was released to the press in Potsdam and simultaneously transmitted to the Office of War Information (OWI) in Washington, DC. By 5:00 p.m. Washington time, the OWI began broadcasting the declaration in English, and two hours later, in Japanese. The Japanese government, Prime Minister Suzuki's administration, and Emperor Hirohito eventually accepted the conditions of the Potsdam Declaration, which necessitated amendments to the Japanese Constitution.
The Potsdam Conference, held from July 17 to August 2, 1945, was the last meeting of the 'Big Three' Allied leaders—Winston Churchill, Franklin D. Roosevelt, and Joseph Stalin—during World War II. The conference took place in Potsdam, a suburb of Berlin, following Germany's defeat. The primary purpose of the conference was to determine the borders of post-war Europe and address other pressing issues. However, the governments still fighting Japan—the United States, the United Kingdom, and China—also took the opportunity to discuss Japan-related matters and draft the Potsdam Declaration.
Additionally, the Potsdam Declaration addressed territorial sovereignty, indicating that Japanese sovereignty would be limited to specific main islands of Japan, such as Honshu, Hokkaido, Kyushu, and Shikoku, along with other minor islands determined by the Allies. The Allies also sought reparations for war damages from Japan. The United Kingdom aimed to regain control of its pre-war possessions lost to the Japanese advance, such as Singapore, Malaya, North Borneo, and Hong Kong. The United States sought maximum strategic latitude upon Japan's defeat and aimed for a total rollback of Japan's overseas possessions.
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MacArthur's involvement
General Douglas MacArthur, the Supreme Commander for the Allied Powers, was responsible for overseeing the occupation of Japan and the creation of its new constitution.
MacArthur initially took a hands-off approach, allowing the Japanese to work on the document. However, in February 1946, he rejected their efforts as a mere "rewording of the old Meiji constitution". He then took control of the process, ordering his staff to write a new draft from scratch. MacArthur gave his staff less than a week to complete the draft, which was presented to Japanese officials on February 13, 1946.
The new constitution included significant changes, such as downgrading the emperor's status to a figurehead role, establishing a parliamentary system with three branches of government, and promoting greater rights and liberties for women. One of the most notable provisions was Article 9, which outlawed the creation of armed forces and the right to make war. It is unclear if the "No-war clause" originated with MacArthur, but it is certain that it would not have been included without his support. MacArthur also encouraged democratic elections, basic civil liberties, the unionization of labor, and land reform.
MacArthur's prestige and influence were crucial in shaping the new constitution and ensuring its acceptance by the Japanese officials. His support for specific causes, such as democratic elections and women's rights, demonstrated his commitment to establishing a "'peacefully inclined and responsible government' in Japan.
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The Meiji Constitution
The Meiji Restoration saw Japan undergo sweeping political and social reforms and westernization, with the aim of strengthening the country to the level of Western nations. This period saw the emergence of parliamentary government in Asia, with the Emperor as head of state and the Prime Minister as the actual head of government. The Meiji Constitution established clear limits on the power of the executive branch and the Emperor. While civil rights and civil liberties were permitted, they were subject to limitation by law. For example, free speech, freedom of association, and freedom of religion were restricted by laws. Franchise was also limited, with only 1.1% of the population eligible to vote for the Diet.
During the Allied occupation of Japan following World War II, the Meiji Constitution was replaced by a new document, the postwar Constitution of Japan, also known as the "MacArthur Constitution" or "Peace Constitution". This new constitution replaced imperial rule with a Western-style liberal democracy, reflecting the Potsdam Declaration's demand for a "peacefully inclined and responsible government" based on "the freely expressed will of the Japanese people."
General Douglas MacArthur, the Supreme Commander of the Allied Powers, initially allowed the Japanese government to draft a new constitution, but he rejected their efforts in February 1946 as a mere "rewording of the old Meiji Constitution." MacArthur then took control of the process and presented a new draft created under his supervision, which was reviewed and modified by Japanese scholars before its adoption. The new constitution included provisions for basic human liberties, democratic elections, and steps toward equality for women. It also included the unique and important "No-war clause" in Article 9, which outlawed the creation of armed forces and the right to make war, guarding against remilitarization.
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The No-war clause
The Japanese Constitution was drafted following the country's surrender in World War II. It came into effect on May 3, 1947, during the US occupation of Japan, which lasted until April 28, 1952. The constitution was drafted under the supervision of US General Douglas MacArthur, the Supreme Commander for the Allied Powers.
One of the most significant provisions of the new constitution was Article 9, often referred to as the "No-war clause." This article outlawed war as a means to settle international disputes involving Japan and was designed to guard against re-militarization. The article states that Japan formally renounces its sovereign right of belligerency and aims for international peace based on justice and order. To accomplish these aims, Japan pledged not to maintain armed forces with war potential.
The inclusion of the "No-war clause" had a significant impact on Japan's postwar history and foreign policy. It has been interpreted as renouncing the use of warfare in international disputes but not the internal use of force for maintaining law and order. This interpretation has been challenged by some Japanese citizens who believe that the country should be truly pacifist and claim that the Japanese Self-Defense Forces (JSDF) are unconstitutional. However, the Supreme Court has ruled that it is within the nation's right to have the capacity to defend itself.
The source of the "No-war clause" is disputed. Some attribute it to MacArthur, while others claim that it was suggested by Prime Minister Kijūrō Shidehara, who wanted to prohibit any military establishment in Japan. Shidehara believed that a post-war military would be meaningless and would cause an obsession with rearming the country. MacArthur himself commented that meeting the goal of a ""peacefully inclined and responsible government" would require a "revision of the Meiji Constitution."
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Frequently asked questions
General Douglas MacArthur, the Supreme Commander for the Allied Powers, was responsible for the rewriting of the Japanese Constitution. MacArthur directed prime minister Kijūrō Shidehara to draft a new constitution. Shidehara created a committee of Japanese scholars for the task, but MacArthur rejected their draft in February 1946, and instead presented his own, which was reviewed and modified by the scholars before its adoption.
The Potsdam Declaration, issued by the Allied leaders of the United States, the United Kingdom, and the Republic of China, demanded Japan's unconditional surrender, demilitarisation, and democratisation. The declaration defined the major goals of the post-surrender Allied occupation, including the creation of "a peacefully inclined and responsible government" based on "the freely expressed will of the Japanese people".
The new Japanese Constitution established a parliamentary system and three branches of government, with the National Diet (legislative), Cabinet led by a Prime Minister (executive), and Supreme Court (judicial). It also included provisions for "basic human liberties", including universal adult suffrage, labour's right to organise, and a host of marriage and property rights for women. One of the most significant changes was Article 9, which outlawed the creation of armed forces and the right to make war.
While there was some resistance to the new Constitution, particularly from conservative and nationalist groups, the new Constitution generally benefited labour unions and socialist and communist parties on the left. These groups had been suppressed by the wartime military regime but found greater support under the new Constitution, which guaranteed basic civil liberties and democratic elections.
