Constitutional Affair

The Constitution Committee and Issue of Legal Equality vs. Social and Economic Equality

The Constitution was presented to a plenary session of the House of Representatives on June 25th for three days of discussion. It was then sent to a Special Committee on Revision of the Imperial Constitution with 72 members appointed by the speaker. Katō Shidzue (JSP) and at least one other woman (Takeda Kiyo, Liberal Party) were appointed to this committee which debated the American draft over the next month, suggesting amendments.

Beginning with the Plenary session Katō Shidzue argued that Article 23, Gordon's article, was not specific enough. She was supported in this assertion by the Socialist Party's most outspoken (and longwinded) Representative, Suzuki Yoshio, who pointed to the Weimar Constitution, and those of the USSR, France, and China. "All," he said, "include a great many cultural, social, and economic rights and duties...At this epochal juncture of constitutional revision, we would like to make this [a document containing guidelines] for the people, which will include a great many provisions regarding cultural, social, and economic rights of the twentieth century, and the freedoms of the nineteenth century." Although he did not refer specifically to women's rights, these would be covered by Katō's able interpolations.

Since both Gordon (American draft) and Suzuki (Japanese debate) drew wisdom from the Weimar Constitution it is worthwhile to consider a few of the articles they examined. The specificity of the Constitution is astonishing and, while not all of it is liberating, the document certainly takes into consideration the importance to society of women and children and prizes both equality between men and women and social and economic welfare as liberating factors. Here are a few specific provisions of the Weimar Constitution of 1919:

Art. 7 - The Reich has jurisdiction over population policy, maternity, infant, childhood and youth care.

Art. 22 - Representatives are chosen in universal, immediate, and secret elections by men and women over the age of 20.

Art. 109 - Men and women have the same basic civil rights and obligations.

Art. 119 - Marriage, as the basis of family life and the maintenance and increase of the nation, stands under special protection by the constitution. Marriage rests on the equality of the two sexes. The purity, health care, and social advancement of the family is the obligation of the state and the congregation. Large families have a right to equalizing care. Motherhood has a right to the protection and care of the state.

Art. 120 - The upbringing of offspring to physical, spiritual, and social virtue is the highest obligation ad natural law for parents, whose activities in these respects are overseen by the state.

Art. 121 - Illegitimate children must by law be given the same conditions for their physical, spiritual and social development as legitimate children.

Art. 122 - Young people are to be protected from moral, spiritual, or physical exploitation.