Foreign Relations of the United States, 1946, The Far East, Volume VIII

740.00119 Control (Japan)/5–1446

Memorandum by the State Department Member of the State–War–Navy Coordinating Committee (Hilldring) to the Committee

[Washington,] May 17, 1946.

Communication From the Far Eastern Commission for Transmittal to the Supreme Commander for the Allied Powers

The Far Eastern Commission acting under paragraph II–1 of its Terms of Reference which provides that the functions of the Commission shall be to “formulate the policies, principles, and standards in conformity with which the fulfillment by Japan of its obligations under the terms of surrender may be accomplished” has approved on 13 May 1946 a policy decision on the question of “Criteria for the Adoption of a New Japanese Constitution”.

In accordance with paragraph III, 1 of the Terms of Reference of the Commission, there is enclosed a directive based on this policy decision and it is requested that this directive be forwarded to the Joint Chiefs of Staff for transmission to the Supreme Commander for the Allied Powers.¹

J. H. Hilldring

[Annex]

Directive for General of the Army Douglas MacArthur Prepared by the Far Eastern Commission (FEC–031/5), May 13, 1946

Principles Governing the Machinery for the Adoption of a New Japanese Constitution

The criteria for the adoption of a new Constitution should be such as to ensure that the Constitution, when finally adopted, is, in fact, a free expression of the will of the Japanese people. To this end, you will require observance of the following principles:

a. Adequate time and opportunity should be allowed for the full discussion and consideration of the terms of the new Constitution.

b. Complete legal continuity from the Constitution of 1889 to the new Constitution should be assured.

c. The new Constitution should be adopted in such a manner as to demonstrate that it affirmatively expresses the free will of the Japanese people.

1. Directive sent as serial 47, May 23.