Malcolm Rivera
South Carolina has had several constitutions throughout its history, each shaping the state's government and reflecting the political and social values of the time. The significance of the South Carolina Constitution lies in its evolution, which mirrors the state's journey from a colonial settlement to an independent state within the United States, grappling with issues of representation, race, and civil rights along the way.
| Characteristics | Values |
|---|---|
| Date of adoption | December 4, 1895 |
| Previous constitutions | 1669, 1776, 1778, 1790, 1861, 1865, 1868 |
| Basis for House representation | Population alone |
| Suffrage | All white men over the age of twenty-one |
| Election of governor | Popular election continued |
| Rights granted to women | Partial rights granted |
| Divorce | Legalized |
| Debtors' prison | Abolished |
| Public education | Provided |
| Property ownership as qualification for office holding | Abolished |
| Ownership of land and slaves to hold public office | Required |
| Separation of church and state | Achieved |
| Term length for governor | Four years with reelection permitted |
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What You'll Learn
The South Carolina Constitution has been rewritten many times
The earliest constitution, written in 1776, was a temporary document suited to the political situation of the time, which was seeking an accommodation with Great Britain. This constitution was soon replaced by the 1778 constitution, which established the State of South Carolina and vested legislative authority in a general assembly, consisting of a senate and a house of representatives.
In 1790, South Carolina held a constitutional convention, revising its constitution to align with the recently adopted Constitution of the United States. This revision included imbalanced legislative apportionment favoring the Lowcountry, the relocation of the state capital to Columbia, and provisions requiring land and slave ownership for public office.
The constitution underwent further significant changes in the 19th century. In 1808, amendments addressed imbalanced apportionment, and in 1810, suffrage was granted to all white men over the age of twenty-one. South Carolina's secession in 1861 led to another constitutional shift, and in 1865, the Black Codes were instituted.
The 1868 constitution was particularly revolutionary, embodying democratic principles absent from previous versions. It provided for population-based representation in the House, abolished debtors' prisons, established public education, and granted rights to women. It also abolished property ownership as a qualification for office holding and opened public schools to all races.
More recently, in 1966, the General Assembly approved a committee to study constitutional reform, leading to proposed changes in 1969, including significant amendments to the judiciary. In 1973, an amendment authorized home rule for counties, and in 1981, the governor's term was extended to four years.
The South Carolina Constitution's evolution demonstrates the state's responsiveness to changing societal needs and values, ensuring that its governing document remains relevant and reflective of the ideals of its citizens.
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The 1868 Constitution was revolutionary
The 1868 Constitution was the result of a two-month constitutional convention held in Charleston, South Carolina, from January to March 1868. The convention was attended by elected delegates from across South Carolina, the majority of whom were Black. This was a significant departure from previous conventions and reflected the changing political landscape in the state following the Civil War. The delegates debated and drafted a new state constitution, which was then submitted directly to the electorate for approval. This was the only time in the state's history that a constitution was submitted directly to the voters for ratification.
The 1868 Constitution was also significant because it confirmed South Carolina's membership in the Union and prohibited discrimination based on race or color. It provided for the public school system to be available to all citizens and mandated the creation of a normal school for teachers and an agricultural college for farmers and mechanics. It also included provisions for blind, deaf, and mentally ill citizens. The 1868 Constitution was approved by popular vote in April 1868 and ratified by the United States Congress on April 16, 1868.
However, despite the progressive nature of the 1868 Constitution, it did not last long. By 1874, more conservative Democrats had taken back control of the U.S. Congress, and the Republicans who had championed the 1868 Constitution began to lose power. By 1895, a new, more conservative constitution was enacted, which aimed to disenfranchise African Americans and bar them from participation in the political process.
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The Constitution has expanded women's rights
The Constitution of South Carolina is the governing document of the US state of South Carolina. It outlines the structure and function of the state's government and came into effect on December 4, 1895. South Carolina has had six other constitutions before this one. The first governmental framework for what is now the State of South Carolina was the Fundamental Constitutions of Carolina, written in 1669.
The US Constitution has played a significant role in expanding women's rights, particularly in relation to suffrage. The Nineteenth Amendment, ratified in 1920, was a landmark moment as it granted women the legal right to vote. This was the culmination of a long and arduous campaign that began in the mid-19th century, with several generations of women's suffrage supporters employing various strategies to achieve this goal. They lectured, wrote, marched, lobbied, and practiced civil disobedience to bring about what many considered a radical constitutional change. While the Nineteenth Amendment was a significant milestone, it did not immediately ensure full female enfranchisement, and it took further decades of struggle to extend voting rights to African Americans and other minority women due to discriminatory state voting laws.
The expansion of women's rights in the US Constitution went beyond suffrage. In the early 1920s, the establishment of a Women's Bureau in the US Department of Labor in 1920 and the passage of the Cable Act in 1922 were notable achievements. Additionally, the Sheppard-Towner Maternity and Infancy Protection Act of 1921 expanded maternity care and marked the first federal social security law.
The impact of women's voting rights extended beyond elections, influencing political agendas and policy-making. Newly enfranchised women and women's groups prioritized a reform agenda, with issues like maternity and infancy protection taking center stage. By 1960, women were turning out to vote in greater numbers than men, and this trend has continued into the 21st century. The expansion of women's rights in the US Constitution, exemplified by the Nineteenth Amendment, was a pivotal moment in the nation's history, empowering women and shaping the country's democratic landscape.
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The Constitution has provisions for religious tolerance
South Carolina has had seven constitutions, adopted in 1669, 1776, 1778, 1790, 1865, 1868, and 1895. The first constitution, the Fundamental Constitutions of Carolina, was written in 1669 by the colonial proprietor Anthony Ashley Cooper, the 1st Earl of Shaftesbury, and his secretary John Locke. This document espoused religious toleration for all except Catholics and established a system of government based on land ownership.
The adoption of the US Constitution in 1787 prompted South Carolina to revise its constitution, and in 1790, the state held a constitutional convention. This convention resulted in the formal separation of church and state in South Carolina. However, a form of religious establishment was created, amalgamating all pre-existing Protestant congregations into a single denomination while denying them financial support. Ministers were also forbidden from serving in public office, supposedly to prevent them from being "diverted from the great duties of their function".
The 1868 constitution was particularly notable for its embodiment of democratic principles absent from previous constitutions. It abolished race as a limit on male suffrage, overturning the Black Codes of the 1865 constitution, and opened all public schools to all races. This constitution also abolished debtors' prisons, provided for public education, abolished property ownership as a qualification for office holding, granted some rights to women, and created counties.
The South Carolina Religious Freedom Act of 1999 further solidified the state's commitment to religious tolerance. This act ensures that the state does not violate the First Amendment of the US Constitution or Article I, Section 2 of the State Constitution, which both prohibit laws respecting the establishment of religion. The act also allows for state funding, benefits, or exemptions to religious organizations, as long as it does not involve the denial of such support to other groups.
The work of the ACLU-SC in South Carolina has also been instrumental in protecting religious freedom in the state. They have successfully defended the right of South Carolinians to hold elected office regardless of their religious affiliation and continue to fight for the religious freedom of all citizens.
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The Constitution has faced calls for reform
The Constitution of the State of South Carolina is the governing document of the US state of South Carolina. It outlines the structure and function of the state's government. South Carolina has had seven constitutions, adopted in 1669, 1776, 1778, 1790, 1865, 1868, and 1895. The current constitution, in force since 1895, has faced calls for reform over the years, with critics arguing for a more modern and inclusive framework.
The South Carolina Constitution has undergone several revisions, with the most recent occurring in the late 20th century. In 1966, the General Assembly approved a committee to study constitutional reform, resulting in a report published in 1969. The report proposed seventeen new articles to replace the old constitution, and the voters ratified twelve of them. Reforms included changes to the judiciary, which were fully implemented by 1984. Additionally, in 1973, an amendment granted home rule for counties, and in 1981, the governor's term was extended to four years.
South Carolina's constitutions have historically been criticised for their imbalance of power. The constitution of 1868, for example, was drafted by a majority of Black delegates and included democratic principles absent from previous constitutions. It abolished race as a limit on male suffrage, overturned the Black Codes of 1865, and opened public schools to all races. It also abolished debtors' prisons, provided for public education, granted rights to women, and created counties.
Calls for reform of the US Constitution have also gained traction in recent years. Critics argue that the US Constitution is outdated and difficult to amend, with some calling for a complete overhaul. Florida Governor Ron DeSantis, for instance, has proposed four amendments: a balanced federal budget, congressional term limits, equal laws for the public and Congress members, and line-item veto authority for the President. Others have pointed to shortcomings in the Senate, the Electoral College, the short two-year House term, and the lack of a enumerated right to privacy. As America approaches significant anniversaries in 2026 and 2037, there is a growing sentiment that the Constitution may no longer be suitable for the 21st century.
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Frequently asked questions
The Constitution of the State of South Carolina is the governing document of the U.S. state of South Carolina. It outlines the structure and function of the state's government.
The South Carolina Constitution of 1868 was significant as it embodied democratic principles absent from previous constitutions. It provided for population alone as the basis for House representation, abolished debtors' prison, provided for public education, and abolished property ownership as a qualification for office holding. It also granted some rights to women and created counties.
The South Carolina Constitution of 1895 was adopted at a critical turning point in the state's history, following a period of general economic distress. It was revised and modernized over time, especially since 1966, to address federal civil rights policies and local reform pressures.
