Simone Lawson
South Carolina has had seven constitutions, the current one being adopted in 1895. The first was written in 1669 by colonial proprietor Anthony Ashley Cooper and his secretary John Locke. The constitutions that followed were adopted in 1776, 1778, 1790, 1865, and 1868. The 1868 constitution was particularly significant as it was the first to be approved by popular vote and was considered the most democratic and equitable of the state's constitutions.
| Characteristics | Values |
|---|---|
| Year | 1669 |
| 1776 | |
| 1778 | |
| 1790 | |
| 1865 | |
| 1868 | |
| First governmental framework written by | Anthony Ashley Cooper, 1st Earl of Shaftesbury and his secretary John Locke |
| Basis for House representation | Population, not wealth |
| Popular election of the governor | Continued |
| Debtors' prison | Abolished |
| Public education | Provided |
| Property ownership as a qualification for office holding | Abolished |
| Women's rights | Expanded |
| Legalization of divorce | Yes |
| Religion | A much larger role than in the 1776 constitution |
| Church of England in South Carolina | Disestablished |
| Legislative authority | Vested in a general assembly |
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What You'll Learn
The 1868 Constitution
Despite the progressive nature of the 1868 Constitution, it faced opposition and challenges. In 1876, whites regained control of the state government, undermining the Reconstruction-era document. Violent intimidation was used to prevent African Americans from voting, and new laws were enacted to disenfranchise African Americans and poor whites. The motivations behind changing the constitution were rooted in racist ideologies, reflecting a resistance to power sharing and equality.
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Democratic principles
South Carolina's 1868 constitution was the most democratic and equitable of the state's seven constitutions. It was created by 124 elected delegates from across the state, 76 of whom were African-American, and it was approved by popular vote.
The 1868 constitution was revolutionary because it embodied many democratic principles that were absent from previous constitutions. For example, it provided for population alone, rather than wealth or the combination of wealth and population, as the basis for House representation. It also continued the popular election of the governor, abolished debtors' prison, provided for public education, abolished property ownership as a qualification for office holding, and granted some rights to women.
The constitution also made divorce legal in South Carolina for the first time, allowing women to escape from dysfunctional marriages. It affirmed that every male citizen aged 21 and above had the right to vote, regardless of their educational background or material wealth. It also affirmed that all children were required to attend state-sponsored schools for at least twenty-four months between the ages of six and sixteen.
The 1868 constitution was created as one of the principal steps in South Carolina's readmission to the American Union after the Civil War. The United States Congress required a new constitution that allowed all males to vote in subsequent elections. This was the first election in South Carolina's history in which African-American men were allowed to participate.
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Religion and the Church of England
The South Carolina Constitution of 1778 played a significant role in shaping the role of religion and the Church of England within the state. This constitution marked a notable shift from the previous one adopted in 1776, with religion becoming a more prominent factor in the state's governance.
One of the key aspects of the 1778 constitution was the unanimous decision to disestablish the Church of England in South Carolina. This meant that the Church of England would no longer be the official church or state church in the state. The decision was influenced by individuals like Christopher Gadsden and Charles Cotesworth Pinckney, who advocated for religious freedom and the separation of church and state.
Despite the disestablishment, the constitution still provided protections for the Church of England and ensured the security of its religious properties. It recognised the right of the Church of England to continue practising its faith and secured its religious properties, including churches, chapels, parsonages, and glebes. The constitution guaranteed that these properties would "remain and be secured to them forever."
While South Carolina's 1778 constitution moved away from an established church, it continued to recognise the importance of religion in the state. It declared that "the Christian Protestant religion shall be deemed and is hereby constituted and declared to be, the established religion of this State." This meant that Christian Protestantism was now considered the state religion, and all denominations of Christian Protestants were to enjoy equal religious and civil privileges.
The constitution also included provisions to protect religious assemblies and freedom of speech within these assemblies. It prohibited anyone from disturbing or molesting any religious assembly and from using abusive or reviling language against any church. Additionally, it ensured that no one would be legally obliged to financially support a religious worship that they did not freely follow or voluntarily agree to support.
In summary, while the South Carolina Constitution of 1778 disestablished the Church of England, it continued to recognise the significance of religion in the state. It provided protections for religious practices, secured the rights of Christian Protestants, and ensured the separation of church and state. These provisions reflected the state's evolving relationship with religion and its commitment to religious freedom and equality.
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The 1778 Constitution
One of the key features of the 1778 Constitution was the disestablishment of the Church of England in South Carolina. After a notable debate, the supporters of this move, including Christopher Gadsden and Charles Cotesworth Pinckney, convinced the legislature to vote unanimously to sever ties with the Church of England. This vote reflected the increased role of religion in the 1778 Constitution compared to its predecessor.
Another important aspect of the 1778 Constitution was its emphasis on freedom and independence. Those appointed to any office or position of trust were required to take an oath acknowledging South Carolina as a "free, sovereign, and independent State," renouncing any allegiance to the British Crown, specifically King George III. This oath symbolised the state's break from British rule and its assertion of self-governance.
Overall, the 1778 Constitution of South Carolina represented a significant evolution in the state's governance. It reflected the state's independence from Britain, addressed religious establishment, altered the balance of power between the branches of government, and emphasised the importance of freedom and independence in the state's leadership.
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The 1895 Constitution
The current South Carolina Constitution, which came into effect on December 4, 1895, is the governing document of the US state of South Carolina. It outlines the structure and function of the state's government.
Amendments
Article II, which governs the state's electoral process, was also largely retained from 1895 but reorganised in 1971. However, Section 6, which permitted literacy tests for voting, was outlawed by the Voting Rights Act of 1965.
Article VI, which was first passed in 1972, deals with various officers within the state government's executive and legislative branches. It created elected positions for the Secretary of State, Commissioner of Agriculture, and Comptroller General. The article originally provided for an elected Adjutant General to head the South Carolina National Guard, but this was changed in 2014 to an appointed position by the Governor with Senate confirmation.
Article VII regulates the creation of counties and provides for a township form of government, although no townships currently exist in South Carolina.
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Frequently asked questions
South Carolina has had seven constitutions, the current one was adopted in 1895 and the previous six were adopted in 1669, 1776, 1778, 1790, 1865, and 1868.
The 1868 South Carolina Constitution was the most democratic and equitable of the state's constitutions. It was approved by popular vote and included provisions for universal male suffrage, public education, and divorce. It also abolished debtors' prisons, property ownership as a qualification for office, and race-based limits on suffrage.
The 1868 South Carolina Constitution was created after the Civil War as one of the principal steps in South Carolina's readmission to the American Union. It was drafted by 124 delegates, the majority of whom were African-American, over a period of 53 days.
The 1868 Constitution was short-lived. By 1874, conservative Democrats had regained control of Congress and by 1895, a conservative Democrat, Benjamin Tillman, was elected governor and pushed for a new constitution that disenfranchised Black voters.
