Eleanor Finch
South Carolina was the eighth state to ratify the United States Constitution, doing so on May 23, 1788. This ratification necessitated a new state constitution, which was unanimously ratified in June 1790. South Carolina has had several constitutions since the colonial period, including in 1776, 1778, 1790, 1861, 1865, 1868, and 1895. The state's constitutional history reflects the political conflicts and evolving social dynamics that have shaped its governance.
| Characteristics | Values |
|---|---|
| Number Colony to Ratify the Constitution | 8th |
| Date of Ratification | May 23, 1788 |
| Method of Ratification | Convention |
| Number of Votes in Favor | 149 |
| Number of Votes Against | 73 |
| Total Number of Delegates | 222 |
| Percentage of Votes in Favor | 67.12% |
| Significance | Established the three-fifths compromise, relating to the counting of slaves for representation and tax purposes |
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What You'll Learn
South Carolina was the eighth state to ratify the US Constitution
The vote over ratification followed geographic lines. Support for the Constitution came from the coastal centres of the three low-country districts, with parishes around Beaufort, Georgetown, and Charleston and the surrounding areas all voting overwhelmingly in favour. The backcountry, on the other hand, voted against ratification, though it should be noted that this region had fewer delegates than the low-country despite having almost four times the number of white inhabitants.
The debate in South Carolina over ratification revolved around the contested meaning of the American Revolution, reflecting the political conflicts that had divided the state since independence. Federalists saw the Constitution as a way to complete the Revolution, while Anti-Federalists saw it as a threat to their emerging power. Additionally, supporters of ratification were uncomfortable with the political forces unleashed by independence and the defeat of the British, and saw a strengthened central government as a means to limit further change and prevent chaos or anarchy.
Following South Carolina's ratification of the US Constitution, a new state constitution emerged from a convention of elected delegates. This was ratified in the 1790 legislative session and remained in force until 1861.
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The Federalists supported ratification
South Carolina was the eighth state to ratify the United States Constitution in May 1788. The Federalists, or supporters of ratification, believed that the nation might not survive without the passage of the Constitution, and that a stronger national government was necessary after the failed Articles of Confederation. They argued that the national government only had the powers specifically granted to it under the Constitution, and that the document had many built-in safeguards.
Federalists saw the Constitution as a way to complete the American Revolution. They believed that by dividing the government into separate branches, with checks and balances, no one branch or person could get too powerful. They also saw a strengthened central government as a means to limit the damage caused by the political forces unleashed by independence and the defeat of the British.
The Federalists strategically adjourned conventions to gather more support, and published essay after essay supporting and explaining the new form of government. They also had the support of influential states like New York and Virginia, which were eager to ratify the Constitution as soon as possible.
In South Carolina, support for the Constitution came from those uncomfortable with the political forces unleashed by independence. Fearful of additional change, chaos, and even anarchy, supporters of ratification saw a strengthened central government as a means to limit further damage. Support for the Constitution radiated out from the coastal centers of the three low-country districts. Charleston and the surrounding parishes voted 73 to 0 in favor of ratification. The final ratification vote in South Carolina saw Federalists rout their Anti-Federalist opponents by more than a two-to-one margin.
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The Anti-Federalists opposed ratification
South Carolina was the eighth state to ratify the United States Constitution in May 1788. The Federalists (supporters of ratification) and the Anti-Federalists (opponents of ratification) had opposing views on the Constitution. Here are some reasons why the Anti-Federalists opposed its ratification:
Power Consolidation in Congress
The Anti-Federalists believed that the Constitution consolidated too much power in the hands of Congress, at the expense of the states. They argued that the liberties of the people were best protected when power resided in state governments, rather than a federal one. They saw the Constitution as a threat to their emerging power.
Unitary Executive
The Anti-Federalists viewed the unitary executive, or the president, as resembling a monarch. They believed that this resemblance would lead to courts of intrigue in the nation's capital. They wanted to avoid the concentration of power in a single individual, as they felt it could lead to tyranny.
Lack of a Bill of Rights
The original draft of the Constitution did not include a Bill of Rights, and Anti-Federalists believed that without one, the federal government would become tyrannous. They wanted guaranteed protection for certain basic liberties, such as freedom of speech, trial by jury, and due process under the law. They argued that a Bill of Rights was necessary to secure the rights and privileges of American citizens.
Federal Government Overreach
Anti-Federalists argued that the Constitution gave too much power to the federal government, while taking away power from state and local governments. They felt that the federal government would be too far removed to effectively represent the average citizen and address their concerns at the state and local levels. They believed that the federal courts would be too distant to provide justice to citizens.
State and Local Courts
The Anti-Federalists valued the role of state and local courts, believing that they were better equipped to provide justice to citizens. They opposed the idea of giving too much power to the federal courts, as they felt it would be at the expense of the state and local courts' authority.
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The vote followed geographic lines
South Carolina was the eighth state to ratify the United States Constitution, doing so on May 23, 1788. This vote followed geographic lines, with support for the Constitution radiating out from the coastal centres of the three lowcountry districts.
The lowcountry comprised the parishes around Beaufort, Georgetown, and Charleston. The backcountry, on the other hand, had a much larger white population but fewer delegates than the lowcountry. This unequal distribution of power meant that the lowcountry elite dominated the legislature, and this was reflected in the vote.
The parishes around Beaufort supported the Constitution 14-0, those around Georgetown by 12-1, and Charleston and the surrounding parishes by a vote of 73-0. In six other lowcountry parishes, the vote was 22-15, putting the total lowcountry vote at 121-16 in favour of ratification. The backcountry, meanwhile, voted 57-28 against ratification.
The Federalists (supporters of ratification) saw the Constitution as a way to complete the American Revolution and strengthen the national government's power. The Anti-Federalists, on the other hand, saw it as a threat to their emerging power. The geographic divide in the vote likely reflected these differing political perspectives.
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The 1790 constitution was amended in 1865
South Carolina was the eighth state to ratify the US Constitution in May 1788. Following this, South Carolina adopted a new constitution in 1790. This constitution served the state until 1861, when the state seceded.
The 1790 Constitution of South Carolina was amended in 1865 following the end of the Civil War. This new constitution recognised the abolition of slavery and further equalised legislative representation. Direct elections for the governor were implemented, and the governor received the power of veto. However, this equalisation of legislative representation only recognised the white population, and only white men could be elected to the legislature. The 1865 Constitution also included a bill of rights, which prior constitutions had omitted.
The Reconstruction Acts, which came into force when the Radical Republicans took control of the US Congress in 1867, required former Confederate states to adopt new constitutions and ratify the 14th Amendment. This led to South Carolina's constitutional convention in Charleston in January 1868, which was the only constitution in the state's history submitted directly to the electorate for approval. Many whites refused to participate as African American men were allowed to vote for the first time. The US Congress ratified it on April 16, 1868.
The 1865 Constitution of South Carolina was amended several times, with the document being described as "chaotic" due to the large number of amendments. The 13th Amendment (1865) abolished slavery and involuntary servitude, and the 14th Amendment (1868) granted US citizenship to former slaves. The Reconstruction Amendments, adopted between 1865 and 1870, did not include a specific prohibition on discrimination in voting on the basis of sex. It took another amendment, the 19th Amendment ratified in 1920, for the Constitution to prohibit any US citizen from being denied the right to vote on the basis of sex.
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Frequently asked questions
South Carolina was the eighth colony to ratify the US Constitution.
South Carolina ratified the US Constitution on May 23, 1788.
The vote for ratifying the constitution was 76-75, with Charleston as the site of the ratifying convention.
Aedanus Burke was an opponent of South Carolina's ratification of the constitution.
