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South Carolina Constitution

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South Carolina Constitution
Flag of South Carolina.png
Preamble
Articles
IIIIIIIVVVIVIIVIIIVIII-AIXXXIXIIXIIIXIVXVXVIXVII


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:

We, the people of the State of South Carolina, in Convention assembled, grateful to God for our liberties, do ordain and establish this Constitution for the preservation and perpetuation of the same.[5]

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.

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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.

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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.

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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.

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Article VIII: Local Government

See also: Article VIII, South Carolina Constitution

Article VIII of the South Carolina Constitution is entitled "Local Government" and consists of 18 sections.

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Article VIII-A: Alcoholic Liquors and Beverages

See also: Article VIII-A, South Carolina Constitution

Article VIII-A of the South Carolina Constitution is entitled "Alcoholic Liquors and Beverages" and consists of only one section.

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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.

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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.

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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.

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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.

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Article XIII: Militia

See also: Article XIII, South Carolina Constitution

Article XIII of the South Carolina Constitution is entitled "Militia" and consists of five sections.

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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.

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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.

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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.

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Article XVII: Miscellaneous Matters

See also: Article XVII, South Carolina Constitution

Article XVII of the South Carolina Constitution is entitled "Miscellaneous Matters" and consists of 18 sections.

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Amending the South Carolina Constitution

See also: Article XVI, South Carolina Constitution and Amending state constitutions

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

See also: Legislatively referred constitutional amendment

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

See also: Convention-referred constitutional amendment

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

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External links

Footnotes