
South Carolina has had a rich constitutional history, with several constitutions adopted since the colonial period. The state's first constitution, the Fundamental Constitutions of Carolina, was written in 1669 by Anthony Ashley Cooper and his secretary John Locke. Notably, it provided religious tolerance and established a government based on land ownership. Since then, South Carolina has had several constitutions, with the current one taking effect in 1895. The state played an active role in the 1787 Constitutional Convention, with delegates like Charles Pinckney and Pierce Butler ensuring the state's economic interests were served. South Carolina ratified the US Constitution in 1788, becoming the eighth state to do so.
| Characteristics | Values |
|---|---|
| Date of ratification of the U.S. Constitution | May 23, 1788 |
| Position of South Carolina delegation | Supported ratification |
| Role of South Carolina delegation | Helped broker numerous compromises, ensured the final document served the state's economic interests, especially slavery |
| South Carolina's constitution | The current constitution took effect on December 4, 1895 |
| Previous constitutions | South Carolina has had six other constitutions, adopted in 1669, 1776, 1778, 1790, 1865, and 1868 |
| First governmental framework | The Fundamental Constitutions of Carolina, written in 1669 by Anthony Ashley Cooper, 1st Earl of Shaftesbury, and his secretary, John Locke |
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What You'll Learn

South Carolina's ratification of the US Constitution
The South Carolina delegation unanimously supported provisions prohibiting states from impairing the obligation of contracts, which was known as "debtor relief." This had been a fixture in the politics of South Carolina and other states following the Revolution. The ratification of the US Constitution by South Carolina was supported by those who were uncomfortable with the political forces unleashed by independence and the defeat of the British. A strengthened central government was seen as a means to limit further damage and prevent chaos or anarchy.
The vote for ratification took place in the South Carolina General Assembly in January 1788, with Charleston selected as the site of the ratifying convention by a narrow margin of 76 to 75. The final ratification vote saw Federalists, or supporters of ratification, rout their Anti-Federalist opponents by more than a two-to-one margin. This was not unexpected, as factions from across the state and the political spectrum had supported strengthening the national government's power to regulate foreign commerce throughout the 1780s.
South Carolina has had several constitutions throughout its history, dating back to the Fundamental Constitutions of Carolina, written in 1669 by Anthony Ashley Cooper, 1st Earl of Shaftesbury, and his secretary, John Locke. This constitution, though never fully ratified by the colonists, shaped political power and land distribution in the colony. It provided for religious tolerance and established a system of government based on land ownership. South Carolina's subsequent constitutions were adopted in 1776, 1778, 1790, 1861, 1865, 1868, and 1895, with the current constitution taking effect on December 4, 1895.
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The Founding Fathers of South Carolina
South Carolina has had several constitutions over the years, with the current one taking effect on December 4, 1895. The state's first governmental framework was the Fundamental Constitutions of Carolina, written in 1669 by the colonial proprietor Anthony Ashley Cooper, the 1st Earl of Shaftesbury, and his secretary, John Locke.
South Carolina is represented by the signatures of eight Founding Fathers on the Declaration of Independence and the Constitution of the United States. These men are:
- John Rutledge
- Charles Cotesworth Pinckney
- Charles Pinckney
- Pierce Butler
- Arthur Middleton
- Edward Rutledge
- Thomas Lynch, Jr.
- Thomas Heyward, Jr.
John Rutledge (September 17, 1739 – June 21, 1800) was an American Founding Father, politician, and jurist. He served as the first president of South Carolina and later as its first governor after the Declaration of Independence was signed. Rutledge also served as a delegate to the Stamp Act Congress, which protested taxes imposed on the Thirteen Colonies by the Parliament of Great Britain. He was a delegate to the Continental Congress, where he signed the Continental Association, before being elected governor of South Carolina. He was also one of the original associate justices of the Supreme Court and later became its chief justice.
Charles Cotesworth Pinckney, born in 1746, was the eldest son of a politically prominent planter. He received a European education, including tutoring in London and attendance at Christ Church College, Oxford. He pursued legal training at London's Middle Temple and was accepted into the English bar in 1769. He later entered practice in South Carolina. Pinckney's role in the Constitutional Convention is controversial, as he later claimed to have been the most influential delegate and to have submitted a draft that was the basis of the final Constitution. Most historians have rejected this claim, but they do acknowledge his significant contributions to the final draft and the resolution of problems during debates. He also worked for ratification in South Carolina and chaired the state constitutional convention in 1790.
Pierce Butler, born in 1744 in County Carlow, Ireland, was one of the most aristocratic delegates at the convention. Like many younger sons of the British aristocracy who could not inherit their fathers' estates, he pursued a military career, becoming a major in His Majesty's 29th Regiment. During the colonial unrest, he was posted to Boston in 1768 to quell disturbances. In 1771, he married Mary Middleton, the daughter of a wealthy South Carolinian, and he resigned his commission to take up a planter's life in the Charleston area. When the Revolution broke out, Butler took up the Whig cause. He was elected to the assembly in 1778 and served as adjutant general in the South Carolina militia the following year.
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The 1790 constitution
South Carolina ratified the United States Constitution in May 1788. The state's delegates played an active role at the 1787 Constitutional Convention in Philadelphia, ensuring that the final document served South Carolina's economic interests, particularly regarding slavery. The South Carolina delegation was dominated by influential low-country figures who worked behind closed doors to limit the role of the people and oppose the popular election of US senators.
The state has had seven constitutions since the colonial period, adopted in 1776, 1778, 1790, 1861, 1865, 1868, and 1895. The current constitution of South Carolina, which describes the structure and function of the state's government, took effect on December 4, 1895.
The Constitution of 1861, which followed the Civil War, preserved many values of the planter elite and moved towards a balance between the low-country and up-country in the Senate. The House of Representatives was apportioned based on the white population and taxed land value, and legislators continued to select US senators and presidential electors.
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Constitutional reform in the 20th century
The current South Carolina Constitution, which outlines the structure and function of the state's government, came into effect on December 4, 1895. However, the state has had six other constitutions before this one, adopted in 1669, 1776, 1778, 1790, 1865, and 1868. The 1868 constitution was ratified together with the US Constitution.
In the 20th century, South Carolina underwent several constitutional reforms. The state's General Assembly approved a committee to study constitutional reform in 1966, which published its report in 1969. The report proposed seventeen new articles to replace the old constitution, of which twelve were ratified by voters. These amendments included significant changes to the judiciary, which took until 1984 to fully implement.
In 1973, another amendment authorized home rule for counties, and in 1981, the governor's term was extended to four years with reelection permitted. Moving into the 1990s, Governor Carroll A. Campbell Jr. authorized a new commission in 1991 to study reform of the executive branch of the government. The commission's report, titled "Modernizing South Carolina State Government for the Twenty-First Century," recommended reducing the state's agencies from 145 to fifteen cabinet departments through a constitutional amendment. While the legislature rejected this proposal, it did implement a reorganization of 76 agencies into thirteen departments.
In addition to these state-specific reforms, the 20th century also saw several amendments to the US Constitution that impacted South Carolina. Notable among these are the 16th, 17th, and 18th Amendments. The 16th Amendment, proposed by Congress in 1909, granted Congress the power to levy income taxes without regard to census or enumeration. The 17th Amendment, proposed in 1911 and ratified in 1913, provided for the direct election of Senators by popular vote. The 18th Amendment, proposed in 1917 and ratified in 1919, established prohibition by outlawing the production, sale, and transportation of alcoholic beverages. While this amendment was later repealed by the 21st Amendment, it marked a significant moment in the history of the United States and its relationship with alcohol regulation.
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The Fundamental Constitutions of Carolina
> Every freeman of Carolina shall have absolute power and authority over his negro slaves, of what opinion or religion soever.
Pursuant to this provision, slaveholders were granted absolute power of life and death over their slaves. The Fundamental Constitutions also held that being a Christian did not alter the civil dominion of a master over his slaves.
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Frequently asked questions
Yes, South Carolina ratified the United States Constitution on May 23, 1788, and was the eighth state to do so.
The first governmental framework for what is now the State of South Carolina was the Fundamental Constitutions of Carolina, written in 1669 by the lead colonial proprietor, Anthony Ashley Cooper, 1st Earl of Shaftesbury, and his secretary, John Locke.
South Carolina has had seven constitutions, dating from 1776, 1778, 1790, 1861, 1865, 1868, and 1895.
The current and most recent South Carolina constitution was ratified on April 16, 1868, and took effect on December 4, 1895.
The Fundamental Constitutions of Carolina was notable for its religious tolerance, providing the right to worship to religious dissenters of Christianity, Jews, and Native Americans. It also offered sanctuary for groups seeking refuge from religious persecution in Europe.





















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