MATSUMOTO Jōji (Plan B)

Matsumoto Jōji
Tentative Revision of the Meiji Constitution (Plan B)¹
January 4, 1946

Source: Charles L. Kades papers, Gordon W. Prange Collection, University of Maryland.

General (Applicable to all Articles, including those marked "No revision.")
"Constitution of the Japanese Empire shall read "Constitution of Japan."
"The Japanese subjects" shall read "the Japanese people," "all Japanese or Japanese," depending on context; and "Japanese subject" shall ready simply "Japanese."

Chapter I. The Emperor

Article 1.

(A)
The Emperor of a line unbroken through ages eternal combines in himself the rights of sovereignty, which he exercises according to the provisions of this Constitution.

(Delete Article 4)

(B)
Japan’s sovereign rights are combined in the Emperor of a line unbroken through ages eternal, who exercises them in accordance with the provisions of this Constitution.

(Delete Article 4)

(C)
Japan shall be a monarchy headed by the Emperor of a line unbroken through age eternal.

(Add Article) The Emperor combines in himself the rights of sovereignty, and he exercises them according to the provisions of this Constitution.

(D)
Japan shall be reigned over by the Emperor of a line unbroken through ages eternal.

(Add Article) The Emperor exercises the rights of sovereignty according to the provisions of the Constitution.

Article 2. (Delete)

Article 3.

(A)
The Emperor is responsible to none in exercising the rights of sovereignty.

(Add Paragraph 2) The persons of Emperor is inviolable.

(B)
The Emperor is the head of state; he is inviolable.

(C)
The person of the Emperor is inviolable.

Article 4. (See under Article 1 above)

Article 5. (No revision)

Article 6.
The Emperor gives sanction to laws, and orders them to be promulgated.

Article 7.
The Emperor convokes the National Diet, and orders the opening, closing and prorogation thereof.
The Emperor orders the dissolution of the House of Representatives. But he may not order it dissolved again for the one and same reason.

Article 8.
The Emperor, in the case of an urgent necessity to maintain public safety or to avert public calamities, issues, when the National Diet is not sitting, Imperial Ordinances in the place of law by consulting the Diet Standing Committee.
Such Imperial Ordinances shall be laid before the National Diet at its next session; and when the Diet does not approve them, the government shall declare them to be invalid for the future.

Article 9.
The Emperor issues, or causes to be issued, the Orders necessary for administrative purposes excepting on the matter which under this Constitution are to be determined by law. But no law may be altered by such Orders.

Article 10.
The Emperor appoints and dismisses officials of the government.

Article 11. (Delete)

Article 12. (Delete)

Article 13.
The Emperor concludes treaties. But the conclusion of such treaties as relate to the matters which under this Constitution are to be determined by law, or which impose serious obligations upon the State, he shall obtain the approval of the National Diet.
In the cases mentioned in the preceding Paragraph, where there exists an urgent necessity allowing no time for convocation of the Diet, consultation with the Diet Standing Committee shall suffice. In such a case, the treaty shall be submitted for approval to the National Diet at its next session.
A treaty takes the effect of law upon its promulgation.

Article 14. (Delete)

Article 15.
The Emperor awards honors.

Article 16. (No revision)

Article 17. (No revision)

Chapter II. Rights and Duties of the People

Article 18. (No revision)

Article 19.
All Japanese may, according to qualifications determined in laws and ordinances, join civil service equally.

Article 20. (Delete)

Article 21. (No revision)

Article 22.
All Japanese have the liberty of abode and of changing the same.
Such restrictions as are necessary for public interests shall be fixed by law.

Article 23. (No revision)

Article 24. (No revision)

Article 25.
The residence of all Japanese is inviolate.
Such restrictions as are necessary for public interests shall be fixed by law.

Article 26.
The secrecy of the letters of every Japanese is inviolate.
Such restrictions as are necessary for public interests shall be fixed by law.

Article 27. (No revision)

Article 28.
All Japanese shall [enjoy the liberty of?] religious belief.
Such restrictions as are necessary for public interests shall be fixed by law.

Article 29.
All Japanese shall enjoy the liberty of speech, writing, publication, public meetings and associations.
Such restrictions as are necessary for public interests shall be fixed by law.

Article 30.
All Japanese may present petitions according to the provisions to the law.

Article 30.2.
All Japanese have the right and obligation to acquire education, as provided for by law.

Article 30.3.
All Japanese have the right and the obligation to work, as provided for by law.

Article 30.4
The liberties or rights of no Japanese, other than those mentioned in the present Chapter, shall be curtailed except as provided for by law.

Article 31. (Delete)

Article 32. (Delete)

Chapter III. The National Diet

Article 33.
The National Diet shall consist of two Houses, a House of Representatives and a House of Councillors.

Article 34.

(A)
The House of Representatives shall be composed of Members elected according to the principles of universal and equal suffrage and of direct and secret voting, as provided for by law.

(B)
The House of Representatives shall be composed of Members publicly elected according to the provisions of the law.

Article 35.

(A)
The House of Councillors shall be composed of Members elected publicly, or appointed by the Emperor, according to occupational fields, geographical areas, and learning and experience, as provided for by law.

(B)
The House of Councillors shall be composed of Members elected publicly, or appointed by the Emperor, from among occupational and regional representatives and persons of learning and experience, as provided for by law.

(C)
The House of Councillors shall be composed of Members elected publicly, or appointed by the Emperor, as provided for by law.

Article 36. (No revision)

Article 37. (No revision)

Article 38. (No revision)

Article 39. (No revision)

Article 39.2
A Bill which has been approved in the House of Representatives three times in succession by a majority of more than two-thirds of the total members of the House, and transmitted to the House of Councillors, shall be considered as having been approved by the National Diet regardless of what action the House of Councillors may, or may not, take upon the bill.

Article 40. (No revision)

Article 41. (No revision)²

Article 42.
A session of the National Diet shall last not less than three months. The duration shall be fixed by imperial order.
It may, if necessary, be prolonged by Imperial Order or by decision of the Diet.

Article 43.
When urgent necessity arises, an extraordinary session may be convoked, in addition to the ordinary one.
Members of both Houses may, with the concurrence of more than one-third of the total members of their respective Houses, demand convocation of the Diet.
The duration of an extraordinary session shall be fixed by Imperial Order. It may, if necessary, be prolonged by Imperial Order, or by decision of the Diet.

Article 44.
The opening, closing, prolongation of session and prorogation of the National Diet shall be effected simultaneously for both Houses.
In case the house of Representatives has been ordered to dissolve, the House of Councillors shall at the same time be closed.

Article 45.
When the House of Representatives has been ordered to dissolve, Members shall be caused by Imperial Order to be newly elected, and an extraordinary session shall be convoked within three months from the day of dissolution, unless an ordinary session is convoked within the period.

Article 46. (No revision)

Article 47. (No revision)

Article 48.
The Deliberation of both Houses shall be held in public. But they may, by resolution of the House, be held in secret sitting.

Article 49. (No revision)

Article 50. (No revision)

Article 51. (No revision)

Article 52. (No revision)

Article 53.
No member of either House, shall, during a session, be arrested without the consent of his house, except in cases of flagrant delicts, or of offenses connected with a state of internal [commotion?] or with a foreign trouble. Any member, who has been arrested prior to the session shall be set free, if so demanded by his House.

Article 54. (No revision)

Article 54.2
There shall be established in the National Diet a Standing Committee in accordance with the provisions of the Diet Law.

Chapter IV. The Ministers of State

Article 55.
The respective Ministers of State shall give their advice to the Emperor, and be responsible for it.
All Laws, Imperial Ordinances and Imperial Rescripts that relates to the affairs of the State, require the counter-signature of a Minister of State.
(Add a third Paragraph) A Minister of State, on whom the House of Representatives has passed a vote of non-confidence, shall not remain in office except in the case of a dissolution of the House.

Article 55.2
The Ministers of State compose the Cabinet.
The organization of the Cabinet shall be determined by law.

Article 56. (Delete)

Chapter V. The Judicature

Article 57. (No revision)

Article 58. (No revision)

Article 59. (No revision)

Article 60. (No Revision)

Article 61.

(A)
All suits at law relating to administrative matters shall come within the competency of the Courts, as provided for separately by law.

(B)
(Add a second Paragraph to Article 57) All suits at law relating to administrative matters shall come within the competency of the Courts, as provided for separately by law.

Chapter VI. Finance

Article 62. (No revision)

Article 63. (No revision)

Article 64. (First Paragraph: No revision, delete Paragraph 2)³

Article 65.
(First paragraph: No revision)
(Add a second Paragraph) No revision for an increase shall be made by the House of Councillors on a budget transmitted by the House of Representatives.

Article 66.
The Expenditures of the Inner Court of the Imperial House shall be defrayed every year out of the National Treasury, according to a fixed amount, and shall not require the approval of the Diet, except in case an increase thereof is found necessary.

Article 67.
(Delete the following passage: “Those already fixed expenditures based by the Constitution upon the powers appertaining to the Emperor, and”)

Article 68. (No revision)

Article 69.
(First Paragraph: No revision)
(Add the following Paragraphs):
(Second Paragraph): In order to apply the Reserve Fund to necessary expenditures that have arisen outside the budget, the Diet Standing Committee shall be consulted.
(Third paragraph): When disbursements are made from the Reserve Fund, the approval of the Diet shall be obtained later.

Article 70.
(First Paragraph): In case there has arisen urgent need for the maintenance of public safety, and when the National Diet cannot be convoked owing to the external or internal condition of the country, the government may, after consultation with the Diet Standing Committee, take all necessary financial measures by means of Imperial Ordinance.
(Second Paragraph): No revision

Article 71.

(A)
(First Paragraph): When the Budget has not been brought into actual existence the government shall draw up and execute a Provisional Budget for a period not exceeding three months and within the limit of the onetwelfth of the Budget for the Preceding year per month. In this case, the government shall speedily compile the Budget for the year excepting the items provided for in the Provisional Budget, and obtain the approval thereto of the Diet.
(Second Paragraph): The Provisional Budget mentioned in the preceding Paragraph, shall be submitted to the Diet for approval.

(B)
(First Paragraph): When the Budget has not been brought into actual existence before the commencement of the fiscal year, the government shall compile a Provisional Budget, as provided for in the Account Law, and execute the same until the Budget is brought into existence.
(Second Paragraph): In the case mentioned in the preceding Paragraph, the National Diet, if not in session, shall be speedily convoked, and the Budget for the year submitted to it.

Article 72. (No revision)

Chapter VII. Supplementary Rules

Article 73.
(First Paragraph): No revision
(Second Paragraph): Members of both houses may with the concurrence of more than one-third of the total members of their respective Houses submit a project for revision of this Constitution.
(Third Paragraph): In the cases mentioned in the preceding two Paragraphs, neither House can open the debate, unless not less than two-thirds of the whole number of members are present, and no amendment can be passed unless a majority of not less than two-thirds of members present is obtained.
(Fourth Paragraph): The Emperor gives sanction to amendments to the Constitution and causes the same to be promulgated.

Article 74. (No revision)

Article 75. (No revision)

Article 76. (No revision)

The document is housed in the Gordon W. Prange Collection at the University of Maryland and is part of the Charles Kades papers. Titled "Tentative Revision of the Meiji Constitution By Joji Matsumoto, 4 January, 1946," it is categorized as (B) - E; the original can be referenced from here. In conjunction with this document, there is a corresponding Japanese text (B) - J, titled "憲法改正案（乙案）" with handwritten notes indicating "Plan B"; the original of this document can also be referenced from here. This document, created within the Constitutional Issues Investigation Committee (Matsumoto Committee) chaired by Joji Matsumoto, consists of a draft known as the "憲法改正案（乙案）" which was primarily crafted by Toshio Inoue (入江俊郎), the Deputy Director-General of the Legislative Bureau. The transcription of the original "憲法改正案（乙案）" by the National Diet Library can be accessed from this source.