
South Carolina has had seven constitutions, the first of which was written in 1669 by the lead colonial proprietor Anthony Ashley Cooper, 1st Earl of Shaftesbury, and his secretary John Locke. This first constitution was influenced by philosophers such as James Harrington, and espoused religious toleration (except for Catholics) and a system of government based on land ownership. The second constitution, adopted in 1776, was revised again in 1790, and further amendments were adopted in 1808 and 1810. This article will explore the differences between South Carolina's first and second constitutions.
| Characteristics | First Constitution | Second Constitution |
|---|---|---|
| Date Adopted | 1669 | 1776 |
| Author | Anthony Ashley Cooper, 1st Earl of Shaftesbury and his secretary John Locke | N/A |
| Requirements for Public Office | N/A | Ownership of land and slaves |
| Separation of Church and State | N/A | Yes |
| Election of Governor | N/A | Legislature retains power |
| Apportionment System | N/A | Based on total white population |
| Suffrage | N/A | Granted to all white men over the age of 21 |
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What You'll Learn
- The first constitution was written in 1669, the second in 1776
- The first constitution was written by Anthony Ashley Cooper and John Locke
- The second constitution was influenced by the adoption of the US Constitution
- The second constitution required the ownership of land and slaves to hold public office
- The second constitution formally achieved separation of church and state

The first constitution was written in 1669, the second in 1776
The first constitution of South Carolina was written in 1669 by the lead colonial proprietor Anthony Ashley Cooper, 1st Earl of Shaftesbury, and his secretary John Locke. It was influenced by philosophers such as James Harrington and espoused religious toleration (except for Catholics). It also established a system of government based on ownership of land.
The second constitution was written in 1776, and was influenced by the British Parliament's claim to bind the North American colonies by law. This constitution was revised again in 1790, after the adoption of the Constitution of the United States in 1787. This revision included provisions requiring the ownership of land and slaves to hold public office, and formally achieved the separation of church and state. Similar land ownership requirements limited suffrage in the state, and the legislature retained the power to elect the state's governor.
The constitution was amended again in 1808 to create an apportionment system based on the total white population. In 1810, an amendment granted suffrage to all white men over the age of twenty-one. South Carolina's secession in 1861 led to another new constitution, and the current constitution took effect in 1895.
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The first constitution was written by Anthony Ashley Cooper and John Locke
The first constitution of South Carolina was written by Anthony Ashley Cooper, 1st Earl of Shaftesbury, and his secretary John Locke. It was adopted in 1669 and was the first governmental framework for the state. Influenced by philosophers such as James Harrington, the constitution espoused religious toleration (except for Catholics) and established a system of government based on land ownership.
Cooper and Locke's constitution was revised several times, with new constitutions adopted in 1776, 1778, 1790, 1865 and 1868. The adoption of the US Constitution in 1787 prompted South Carolinians to revise their constitution, and the state held a constitutional convention in 1790. This new constitution included provisions requiring the ownership of land and slaves to hold public office, and formally achieved the separation of church and state. Similar land ownership requirements limited suffrage in the state, and the legislature retained the power to elect the state's governor.
In 1794, a group of prominent Upstate residents formed the Representative Reform Association to challenge the system. The Upcountry residents, aligned with the newly ascendant Democratic-Republican Party, eventually prevailed, and in 1808, the constitution was amended to create an apportionment system based on the total white population. In 1810, an amendment granted the suffrage to all white men over the age of 21. Scholar C. Blease Graham argues that, due to South Carolina's secession in 1861, a new constitution should be considered as having been adopted at that time.
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The second constitution was influenced by the adoption of the US Constitution
The second constitution of South Carolina was influenced by the adoption of the US Constitution. The adoption of the US Constitution in 1787 prompted South Carolinians to revise their constitution. The second constitution of South Carolina was adopted in 1790. The first constitution of South Carolina was written in 1669 by the lead colonial proprietor Anthony Ashley Cooper, 1st Earl of Shaftesbury and his secretary John Locke. The second constitution was influenced by the adoption of the US Constitution, which established a system of government based on the ownership of land. The second constitution of South Carolina also included provisions requiring the ownership of land and slaves to hold public office. The separation of church and state was formally achieved, and the legislature retained the power to elect the state's governor, whose enumerated powers mirrored those of the President of the United States under the new federal constitution. The second constitution of South Carolina also included an amendment granting suffrage to all white men over the age of twenty-one.
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The second constitution required the ownership of land and slaves to hold public office
South Carolina has had six constitutions, which were adopted in 1669, 1776, 1778, 1790, 1865 and 1868. The second constitution, adopted in 1778, required the ownership of land and slaves to hold public office. This was a significant change from the first constitution, which was written in 1669 by the lead colonial proprietor Anthony Ashley Cooper, 1st Earl of Shaftesbury, and his secretary John Locke. The first constitution established a system of government based on the ownership of land, but it did not require the ownership of slaves to hold public office.
The second constitution reflected the influence of philosophers such as James Harrington, who espoused religious toleration (except for Catholics) and the importance of land ownership in government. The requirement for land ownership limited suffrage in the state, as only those who owned land were eligible to vote. This was similar to the first constitution, which also based suffrage on land ownership.
The second constitution also addressed the issue of church and state, formally achieving their separation. This was a significant change from the first constitution, which did not explicitly address the relationship between church and state. The second constitution also retained the power of the legislature to elect the state's governor, whose powers mirrored those of the President of the United States under the new federal constitution.
The second constitution was challenged by a group of prominent Upstate residents, including Wade Hampton I and John Kershaw, who formed the Representative Reform Association in 1794. They argued for a more democratic system that was not based on land ownership and slavery. Eventually, they prevailed, and the constitution was amended in 1808 to create an apportionment system based on the total white population. This substantially alleviated many of the issues with the second constitution.
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The second constitution formally achieved separation of church and state
South Carolina has had seven constitutions, which were adopted in 1669, 1776, 1778, 1790, 1865, 1868 and 1895. The second constitution, adopted in 1778, formally achieved separation of church and state. The adoption of the Constitution of the United States in 1787 prompted South Carolinians to revise their constitution. The new constitution required the ownership of land and slaves to hold public office, and formally separated church and state. The constitution was challenged in 1794 by a group of prominent Upstate residents, who formed the Representative Reform Association. The Upcountry residents, aligned with the newly ascendant Democratic-Republican Party, eventually prevailed, and the constitution was amended in 1808 to create an apportionment system based on the total white population.
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Frequently asked questions
The adoption of the Constitution of the United States in 1787.
1790.
Ownership of land and slaves.
The second constitution formally achieved separation of church and state.
The second constitution included provisions that limited suffrage in the state.



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