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South Carolina Constitution
Encyclopedia
The Constitution of the State of South Carolina is the governing document of the U.S.
state of South Carolina
. It describes the structure and function of the state's government. The current constitution took effect on December 4, 1895. South Carolina has had six other constitutions, which were adopted in 1776, 1778, 1790, 1861, 1865 and 1868.
The great majority of these amendments dealt with bonded debt limits for local governments. Originally, changes in the bonded debt limits for counties could only be adopted by a statewide vote.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
state of South Carolina
South Carolina
South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
. It describes the structure and function of the state's government. The current constitution took effect on December 4, 1895. South Carolina has had six other constitutions, which were adopted in 1776, 1778, 1790, 1861, 1865 and 1868.
Revisions since 1968
The 1895 Constitution has been rewritten article by article on an ongoing basis since 1968, with each proposed revision submitted to the voters for approval. Prior to 1968, the 1895 Constitution had been amended 330 times, making it one of the longest state constitutions in the United States. It had become a somewhat chaotic document, in large part because most of the amendments dealt with matters addressed by statute in most other states.The great majority of these amendments dealt with bonded debt limits for local governments. Originally, changes in the bonded debt limits for counties could only be adopted by a statewide vote.
Unusual provisions
- Article IV, Section 2 (Qualifications of Governor) states: "No person shall be eligible to the office of Governor who denies the existence of the Supreme Being." This provision has never been enforced in modern times, since current precedent holds that the First AmendmentFirst Amendment to the United States ConstitutionThe First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
's Establishment Clause is binding on the states per the 14th AmendmentFourteenth Amendment to the United States ConstitutionThe Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
's liberty clause. - A constitutional amendment must be approved by two-thirds of each house of the legislature, approved by the people in an election, and then ratified by a majority of each house of the legislature. If the legislature fails to ratify, the amendment does not take effect, even though it has been approved by the people. See S.C. Const. art. XVI, s. 1.
- Article XVII, Section 3 of the Constitution prohibited divorce for any reason. On April 15, 1949, it was revised to permit divorce for certain reasons. It is believed that South Carolina is the only state in which the grounds for divorce are written into the constitution. The legislature is thus prohibited from creating additional grounds for divorce except by constitutional amendment.
- Due to extremely strict annexation laws passed by the General Assembly in 1976, incorporated municipalities in South Carolina are usually much smaller in area and population than those elsewhere in the fast-growing Southeast. However, when adjacent suburbs which would be annexed elsewhere are added in, they exhibit sizes and rates of growth similar to many municipalities in neighboring states, such as Georgia and North Carolina.
- A two-thirds majority vote of the House of RepresentativesSouth Carolina House of RepresentativesThe South Carolina House of Representatives is the lower house of the South Carolina General Assembly, the upper house being the South Carolina Senate. It consists of 124 Representatives elected to two year terms at the same time as US Congressional elections...
is required to impeach the governor and other state officials, as opposed to the simple majority required by the U.S. Constitution and most other state constitutions. - In elections, the governor and lieutenant governor can run on separate tickets.
- The adjutant general, head of South Carolina's National Guard, is an elected official. South Carolina is the only state where this is the case.