The 1946–1947 Constitutional Settlement

Public Research Edition — August 2026

The 1946 constitutional settlement developed through several distinct stages: the Political Consultative Conference, the constitutional-drafting review process, later revisions, the Constituent National Assembly, promulgation on January 1, 1947, and preparation for implementation. These stages must not be collapsed into a single act of “joint drafting.”

Cross-party constitutional principles

Contemporaneous evidence strongly supports cross-party negotiation over responsible government, elected representative institutions, provincial/local autonomy, civil rights and nationalization of the armed forces. Communist, Nationalist, minor-party and non-party participants all took part at different stages, but participation in the early constitutional process is not the same as participation in the final National Assembly vote.

Military nationalization

The February 25, 1946 military reorganization agreement and later constitutional provisions show a strong normative chain toward a national, non-partisan military. The final Constitution preserved presidential command of the armed forces, required national defense organization to be determined by law, required the armed forces to transcend personal, regional and party affiliations, and prohibited parties or individuals from using armed force as an instrument of political struggle.

Why the political settlement failed

The research distinguishes the success of completing a constitutional text from the failure to complete a durable joint-government and military-integration settlement. By late 1946, ceasefire terms, military positions, government reorganization, National Assembly procedure and political participation had become interdependent. Limited agreements and unilateral actions occurred, but no credible mechanism synchronized the entire package. American mediation then moved from active settlement design toward withdrawal, while the Executive Headquarters structure survived briefly into 1947 before the American component formally withdrew.

Still unresolved

A narrow primary-source closure list remains for military-constitutional proposals, Ministry of National Defense originals and the direct review/transmission chain into final Articles 36 and 137. These unresolved items are not treated as closed merely because the final constitutional text is known.

Latest archival update — September 2, 2026

Status: Under verification; retrieval path improved, page-level closure not yet reached.

The December 10–19, 1946 digitized National Assembly Intelligence sequence has now been mapped issue by issue. Issues 31, 33, 36 and 39 are high-priority targets because their catalog descriptions explicitly concern the constitutional draft or draft amendments. This improves the archival retrieval route but does not substitute for reading and visually verifying the underlying pages.

Proposal No. 79 is now controlled more precisely: its correct 1946 Constituent National Assembly number and core wording concerning organization of national defense and command of the armed forces are verified, while proposer, co-signers and the visual source page remain under verification. Proposals 39 and 362 remain open. The specified Ministry of National Defense Gazette pages, the November 28 and December 12 headquarters records, and the direct proposal/review/transmission chain into final Articles 36 and 137 also remain open.

Later proposal collections that reused the same proposal numbers remain strictly separated from the 1946 constituent corpus. A catalog match, searchable-text match or same-number proposal from another institution is not treated as page-level proof.

See Research Updates & Version History for the current status of the remaining archival questions.

September 3, 2026 — Constitutional-defense proposal and review-chain update

Status: Verified to the present evidence level; remaining page-level originals stay under verification.

The 1946 military-power proposal record has now been triangulated more precisely against the constitutional-defense review chain. The verified evidence strengthens the bridge from National Assembly proposal material and Ministry of National Defense constitutional commentary to the final constitutional settlement, but it does not justify treating any one proposal as the direct source of the final text.

The Ministry of National Defense material proposed broader presidential authority over national-defense organization and command. The final Constitution instead retained Article 36 — 總統統率全國陸海空軍 — and Article 137 — 國防之組織,以法律定之. The comparison therefore supports partial thematic convergence, not proven direct adoption or textual derivation.

Under verification: direct committee records that would establish attribution or transmission from Proposal Nos. 39, 79 or 362, or from a Ministry of National Defense proposal, into final Articles 36 or 137; proposer/co-signer and visual-page details that remain unresolved; and specified Ministry of National Defense originals. Searchable text, catalog descriptions and same-number proposals from other collections are not treated as visual-page closure.

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