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Oxford Law Citator
The Importance of a Constitution
Part One The History of the South Carolina Constitution
The Influence of Colonial Charters
The Fundamental Constitutions
Colonial Government under the British Crown
Constitutions after Statehood: An Overview
Revolutionary-Era Constitutions (1776, 1778)
The Constitution of 1776
The Constitution of 1778
The Constitution of 1790
Secession and the 1861 Constitution
The Constitution of 1865
The Constitution of 1868
The Constitution of 1895
Revision of the 1895 Constitution
Part Two The South Carolina Constitution and Commentary
The State of South Carolina
Constitution of The State of South Carolina
Art.I Declaration of Rights
s.1 Political power in people.
s.2 Religious freedom; freedom of speech; right of assembly and petition.
s.3 Privileges and immunities; due process; equal protection of laws.
s.4 Attainder; ex post facto laws; impairment of contracts; titles; effect of conviction.
s.5 Elections free and open.
s.7 Suspension of laws.
s.8 Separation of powers.
s.9 Courts; speedy remedy.
s.10 Searches and seizures; invasions of privacy.
s.11 Presentment or indictment.
s.12 Double jeopardy; self incrimination.
s.13 Taking private property.
s.14 Trial by jury; witnesses; defense.
s.15 Right of bail; excessive bail; cruel or unusual or corporal punishment; detention of witnesses.
s.18 Suspension of habeas corpus.
s.19 Imprisonment for debt.
s.20 Right to keep and bear arms; armies; military power subordinate to civil authority; how soldiers quartered.
s.21 Martial law.
s.22 Procedure before administrative agencies; judicial review.
s.23 Provisions of Constitution mandatory.
s.24 Victims’ Bill of Rights.
Art.II Right of Suffrage
s.1 Elections to be by secret ballot; protection of right of suffrage.
s.2 Free exercise of right of suffrage.
s.4 Voter qualifications.
s.5 Qualifications of municipal electors.
s.6 General Assembly may require demonstration of literacy.
s.7 Disqualifications by reason of mental incompetence or conviction of crime.
s.8 Registration of voters.
s.9 Appeal by person denied registration.
s.10 Nominations; conduct of elections; contests, etc.
s.11 Electors privileged from arrest.
Art.III Legislative Department
s.1 Legislative power vested in two branches.
s.1A Meeting of General Assembly.
s.2 House of Representatives.
s.3 Number of members; enumeration of inhabitants.
s.4 Assignment of representatives.
s.5 When apportionment takes effect.
s.7 Qualifications of members of Senate and House of Representatives.
s.8 Election of representatives.
s.9 Sessions of General Assembly.
s.10 Terms of office.
s.11 Election returns; quorum; absent members.
s.12 Officers; rules; punishment and expulsion of members.
s.13 Punishment of persons not members.
s.14 Members in attendance protected.
s.15 Bills for revenue; other bills.
s.16 Style of laws.
s.17 One subject.
s.18 Formalities of act.
s.19 Mileage; increase of per diem; compensation during extra session.
s.20 Elections “viva voce.”
s.22 Journal; yeas and nays.
s.23 Doors open.
s.24 Holding two offices.
s.26 Oath of office.
s.27 Removal of officer.
s.28 Debtor’s exemption from attachment, levy and sale.
s.29 Taxes laid upon actual assessed value.
s.30 Extra compensation not permitted; appropriations for repelling invasion.
s.31 Public lands.
s.32 Salary of deceased officer; pensions.
s.33 Age of consent.
s.34 Special laws prohibited.
s.35 Lands owned by aliens.
s.36 General Reserve Fund.
Art.IV Executive Department
s.1 Chief Magistrate.
s.2 Qualifications of Governor.
s.3 Election of Governor; Governor may not serve more than two successive terms.
s.4 Term of Governor.
s.5 Person having highest number of votes to be Governor; tie vote.
s.6 Succession when Governor-elect dies, declines to serve or fails to take oath.
s.7 Succession when neither Governor-elect nor Lieutenant Governor-elect qualifies or is able to serve.
s.8 Election, qualifications and term of Lieutenant Governor.
s.9 President Pro Tempore of Senate; Senator acting as Lieutenant Governor.
s.10 Lieutenant Governor to be President of Senate.
s.11 Death, resignation, removal, etc., of Governor.
s.12 Disability of Governor.
s.14 Powers of Governor as to clemency.
s.15 Faithful execution of laws.
s.16 Compensation of Governor and Lieutenant Governor.
s.17 Duty of State officers, etc., to give information to Governor.
s.18 Duty of Governor to give information to General Assembly.
s.19 Extra sessions; Governor may adjourn General Assembly.
s.20 Residence of Governor.
s.21 Bill or joint resolution must be signed or vetoed by Governor.
Art.V The Judicial Department
s.1 Judicial power vested in certain courts.
s.2 Supreme Court.
s.3 Election of members of Supreme Court.
s.4 Powers of Chief Justice; rules; admission to practice of law and discipline of persons admitted.
s.4A Submission of Supreme Court rules to judiciary committees; disapproval by General Assembly.
s.5 Jurisdiction of Supreme Court.
s.6 Reporter and Clerk of Supreme Court.
s.7 Composition and organization of Court of Appeals; terms of Court of Appeals.
s.8 Election of members of Court of Appeals.
s.9 Jurisdiction of Court of Appeals; binding effect of Supreme Court decisions.
s.10 Appointment of clerk of Court of Appeals.
s.11 Jurisdiction of Circuit Court.
s.12 Jurisdiction in matters testamentary and of administration, minors and persons mentally incompetent.
s.13 Judicial circuits.
s.14 Rotation of judges.
s.15 Qualifications of justices and judges.
s.16 Compensation of Justices and judges; practice of law and dual office-holding.
s.17 Removal or retirement of judges.
s.19 Disqualification of Justices and judges; temporary appointments.
s.20 Powers of justices and judges at chambers.
s.21 Charge to jury.
s.22 Grand and petit juries.
s.23 Change of venue.
s.24 Law-enforcement officials, prosecutors and administrative officers; Attorney General.
s.25 Publication of Supreme Court and Court of Appeals decisions.
s.27 Judicial Merit Selection Commission.
s.1 Eligibility for office; terms.
s.2 Person denying existence of Supreme Being not to hold office.
s.3 Dual office-holding.
s.4 Officers to take and subscribe oath.
s.5 Form of oath.
s.6 Commissions; Great Seal.
s.7 Elective offices; terms; duties; compensation.
s.8 Suspension and prosecution of officers accused of crime.
s.9 Removal of officers.
Art.VII Counties and County Government
s.1 Formation of new counties; county seats and names.
s.2 Section of old county to be cut off.
s.3 Inhabitants; taxable property; area of new county.
s.4 Area, taxable property and inhabitants of old county.
s.5 Eight-mile limit.
s.7 Alteration of county lines.
s.8 Removal of county seat.
s.9 Election district; body corporate.
s.10 Consolidation of two or more counties.
s.11 Townships; body corporate; township and county government.
s.12 Boundaries of counties; boundaries of Saluda and Edgefield.
s.13 Judicial and Congressional districts; voting precincts.
s.14 No county line through city or town.
s.15 Regional councils of government.
Art.VIII Local Government
s.1 Powers of political subdivisions continued.
s.2 Boundaries of counties.
s.3 Number of counties.
s.4 Merger of counties.
s.5 Merger of parts of counties with adjoining counties.
s.6 Removal of county seat.
s.7 Organization, powers, duties, etc., of counties; special laws prohibited.
s.8 Incorporation of new municipalities; readjustment of municipal boundaries; merger of municipalities; special laws prohibited.
s.9 Organization, powers, duties, etc., of municipalities.
s.10 No law or exemption for a specific municipality to be enacted.
s.11 Adoption and amendment of municipal charters.
s.12 Consolidation of counties with municipalities and other political subdivisions.
s.13 Joint administration of functions and exercise of powers.
s.14 General law provisions not to be set aside.
s.15 Consent of local governing body to certain laws required.
s.16 Acquisition and operation of public utilities systems.
s.17 Construction of Constitution and laws.
s.18 Assignment and regulation of territories for electrical and gas utilities.
Art.VIII-A Alcoholic Liquor and Beverages
s.1 Regulation of common carriers, publicly owned utilities and privately owned utilities serving the public.
s.2 Formation, organization and regulation, etc., of corporations.
Art.X Finance, Taxation, and Bonded Debt
Former to New
New to Former
Text of the Article
s.1 Taxation and assessment.
s.2 Defining classes of property and values for property tax purposes thereof; transition to assessment ratios; continuance of existing statutes pertaining to assessment methods; changing assessment ratios.
s.3 Property exempt from ad valorem taxation.
s.4 One assessment for all taxes.
s.5 No tax without consent; taxes shall be levied in pursuance of law.
s.6 Assessment and collection of taxes in political subdivisions.
s.7 Limitation on annual expenditures of state government and number of state employees; annual budgets and expenses of political subdivisions and school districts.
s.8 Payments from treasuries.
s.9 Statement of receipts and expenditures.
s.10 Claims against State.
s.11 Credit of State and political subdivisions.
s.12 Counties not to incur bonded indebtedness for special services in certain areas without special tax or charge on area or persons benefitted.
s.13 Bonded indebtedness of State.
s.14 Bonded indebtedness of political subdivisions.
s.15 Bonded indebtedness of school districts.
s.16 Regulation of benefits, funding and membership contributions of state-operated retirement systems; investment of funds; State Retirement Systems Investment Panel.
Art.XI Public Education
s.1 State Board of Education.
s.2 State Superintendent of Education.
s.3 System of free public schools and other public institutions of learning.
s.4 Direct aid to religious or other private educational institutions prohibited.
Art.XII Functions of Government
s.1 Matters of public concern; General Assembly to provide appropriate agencies.
s.2 Institutions for confinement of persons convicted of crimes.
s.3 Separate confinement of juvenile offenders.
s.4 to 8 (Reserved).
s.9 Control of convicts.
s.2 When exempt from arrest.
s.3 Governor may call out.
s.4 Adjutant and Inspector General; staff officers.
s.5 Confederate pensions.
Art.XIV Eminent Domain
s.1 Boundary rivers.
s.2 Title to certain lands.
s.3 Ultimate property in lands.
s.4 Navigable waters free; tax for use of wharf.
s.5 Slum clearance and redevelopment; acquisition of air rights and subsurface rights.
s.1 Power of impeachment; vote required; suspension of officer impeached.
s.2 Trial of impeachments; judgment; proceedings no bar to criminal prosecution; impeachment of Governor.
s.3 Removal of officers by Governor on address of General Assembly.
Art.XVI Amendment and Revision of the Constitution
s.2 Two or more amendments.
s.3 Constitutional convention.
Art.XVII Miscellaneous Matters
s.1 Qualifications of officers.
s.1A Qualification for office; two offices.
s.1B Property qualifications; term of office; dueling.
s.2 Claims against State.
s.4 Supreme Being.
s.5 Public printing.
s.6 Removal of causes.
s.7B Special election for bonding municipality.
s.8 Officers gambling and betting.
s.9 Property of married women.
s.10 Laws now of force.
s.12 Continuity of governmental operations in event of enemy attack.
s.13 Use of funds realized by Greenwood County from sale of electric properties and system.
s.14 Citizens deemed sui juris; restrictions as to sale of alcoholic beverages.
Amendments to the Constitution
Article I of Amendments to the Constitution
Article II of Amendments to the Constitution
Article III of Amendments to the Constitution
Table of Cases
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Table of Cases
The South Carolina State Constitution
Cole Blease Graham
US Constitutional Law [USC]
Oxford Commentaries on the State Constitutions of the United States
Published in print:
11 April 2011