South Carolina Constitution
South Carolina Constitution |
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Preamble |
Articles |
I • II • III • IV • V • VI • VII • VIII • VIII-A • IX • X • XI • XII • XIII • XIV • XV • XVI • XVII |
The South Carolina Constitution is the state constitution of South Carolina.
- The current South Carolina Constitution was adopted in 1895.
- South Carolina has had seven state constitutions.
- The current state constitution has 17 articles.
- The 1895 constitution was amended 410 times. It was amended 330 times through 1966. It has been amended an additional 80 times from 1966 through 2024.[1]
- South Carolina voters most recently approved a constitutional amendment on November 5, 2024.
A state constitution is the fundamental document that outlines a state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.
Background
South Carolina became the 8th state on May 23, 1788. South Carolina adopted its first Constitution in 1776 and adopted six more in 1778, 1790, 1861, 1865, 1868, and 1895. Many of the amendments to the South Carolina Constitution from 1895 through 1966 included local amendments (amendments that required state voter approval but only concerned local matters such as bonded debt within a specific local government or school district). In 1968, there was a constitutional amendment to allow local amendments to be voted in locally rather than statewide.[2][3][4]
Preamble
- See also: Preambles to state constitutions
The preamble to the South Carolina Constitution states:
Article I: Declaration of Rights
- See also: Article I, South Carolina Constitution
Article I of the South Carolina Constitution is entitled "Declaration of Rights" and consists of 24 sections.
Click here to read this article of the South Carolina Constitution.
Article II: Right of Suffrage
- See also: Article II, South Carolina Constitution
Article II of the South Carolina Constitution is entitled "Right of Suffrage" and consists of eleven sections.
Click here to read this article of the South Carolina Constitution.
Article III: Legislative Department
- See also: Article III, South Carolina Constitution
Article III of the South Carolina Constitution is entitled "Legislative Department" and consists of 37 sections.
Click here to read this article of the South Carolina Constitution.
Article IV: Executive Department
- See also: Article IV, South Carolina Constitution
Article IV of the South Carolina Constitution is entitled "Executive Department" and consists of 21 sections.
Click here to read this article of the South Carolina Constitution.
Article V: Judicial Department
- See also: Article V, South Carolina Constitution
Article V of the South Carolina Constitution is entitled "Judicial Department" and consists of 27 articles.
Click here to read this article of the South Carolina Constitution.
Article VI: Officers
- See also: Article VI, South Carolina Constitution
Article VI of the South Carolina Constitution is entitled "Officers" and consists of nine sections.
Click here to read this article of the South Carolina Constitution.
Article VII: Counties and County Government
- See also: Article VII, South Carolina Constitution
Article VII of the South Carolina Constitution is entitled "Counties and County Government" and consists of 15 sections.
Click here to read this article of the South Carolina Constitution.
Article VIII: Local Government
Article VIII of the South Carolina Constitution is entitled "Local Government" and consists of 18 sections.
Click here to read this article of the South Carolina Constitution.
Article VIII-A: Alcoholic Liquors and Beverages
Article VIII-A of the South Carolina Constitution is entitled "Alcoholic Liquors and Beverages" and consists of only one section.
Click here to read this article of the South Carolina Constitution.
Article IX: Corporations
- See also: Article IX, South Carolina Constitution
Article IX of the South Carolina Constitution is entitled "Corporations" and consists of two sections.
Click here to read this article of the South Carolina Constitution.
Article X: Finance, Taxation and Bonded Debt
- See also: Article X, South Carolina Constitution
Article X of the South Carolina Constitution is entitled "Finance, Taxation and Bonded Debt" and consists of 16 sections.
Click here to read this article of the South Carolina Constitution.
Article XI: Public Education
- See also: Article XI, South Carolina Constitution
Article XI of the South Carolina Constitution is entitled "Public Education" and consists of four sections.
Click here to read this article of the South Carolina Constitution.
Article XII: Functions of Government
- See also: Article XII, South Carolina Constitution
Article XII of the South Carolina Constitution is entitled "Functions of Government" and consists of nine sections, five of which are reserved.
Click here to read this article of the South Carolina Constitution.
Article XIII: Militia
Article XIII of the South Carolina Constitution is entitled "Militia" and consists of five sections.
Click here to read this article of the South Carolina Constitution.
Article XIV: Eminent Domain
- See also: Article XIV, South Carolina Constitution
Article XIV of the South Carolina Constitution is entitled "Eminent Domain" and consists of five sections.
Click here to read this article of the South Carolina Constitution.
Article XV: Impeachment
- See also: Article XV, South Carolina Constitution
Article XV of the South Carolina Constitution is entitled "Impeachment" and consists of three sections.
Click here to read this article of the South Carolina Constitution.
Article XVI: Amendment and Revision of the Constitution
- See also: Article XVI, South Carolina Constitution
Article XVI of the South Carolina Constitution is entitled "Amendment and Revision of the Constitution" and consists of three sections.
Click here to read this article of the South Carolina Constitution.
Article XVII: Miscellaneous Matters
Article XVII of the South Carolina Constitution is entitled "Miscellaneous Matters" and consists of 18 sections.
Click here to read this article of the South Carolina Constitution.
Amending the South Carolina Constitution
The South Carolina Constitution provides two mechanisms for amending the state's constitution— a legislative process and a state constitutional convention. South Carolina requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments.
Legislature
A two-thirds (66.67%) vote is required during one legislative session for the South Carolina State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 82 votes in the South Carolina House of Representatives and 30 votes in the South Carolina State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
In South Carolina, the Legislature needs to approve a constitutional amendment for a second time after voters approve the amendment. This second vote requires a simple majority in the House and Senate.
Convention
According to Section 3 of Article XVI of the South Carolina Constitution, a constitutional convention can be held if two-thirds of the members of both houses of the South Carolina State Legislature vote to put the question on the ballot.
See also
- State constitution
- Constitutional article
- Constitutional amendment
- Constitutional revision
- Constitutional convention
- Amendments
External links
- South Carolina State House, "South Carolina Constitution"
- Sciway, "South Carolina – Historical Documents
- The South Carolina Governance Project, "The Governor: Powers, Practices, Roles and the South Carolina Experience"
- History Engine, "The South Carolina Constitutional Convention of 1895"
- Constitution of South Carolina 1790
- Constitution of South Carolina 1868
Footnotes
- ↑ Cole Blease Graham Jr., "The Evolving South Carolina Constitution," accessed November 23, 2023
- ↑ Cole Blease Graham Jr., "The Evolving South Carolina Constitution," accessed November 23, 2023
- ↑ South Carolina Archives and History Foundation, "South Carolina Constitution Conservation," accessed November 25, 2023
- ↑ Steinglass, S., et al. (2022). The South Carolina State Constitution. New York, NY: Oxford University Press
- ↑ Cite error: Invalid
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