Eleanor Finch
South Carolina has had several constitutions over the years, with the current one taking effect on December 4, 1895. The state's first constitution was written in 1669, and its first state constitution was adopted in 1776. Since then, South Carolina has adopted constitutions in 1778, 1790, 1861, 1865, 1868, and 1895. The 1895 constitution has been revised and modernized several times, leading some to argue that it constitutes an eighth constitution.
| Characteristics | Values |
|---|---|
| Year of the current constitution | 1895 |
| Previous constitutions | 1669, 1776, 1778, 1790, 1861, 1865, 1868 |
| Year of the first constitution | 1669 |
| Year of the first state constitution | 1776 |
| Year of the first temporary constitution | 1776 |
| Year the temporary constitution was replaced | 1778 |
| Year of the first amendment | 1808 |
| Year of the amendment authorizing home rule for counties | 1973 |
| Year of the amendment mandating the secret ballot for labor union elections | 2011 |
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What You'll Learn
South Carolina's constitution in 1778
South Carolina's constitution was adopted in March 1778, two years after the temporary constitution of 1776. The new constitution was intended to be permanent and was written in 1777. It formally recognised South Carolina's independence from Great Britain.
The constitution was passed by the general assembly of South Carolina, and it did not go into effect until November 1778. The legislative council and general assembly vested legislative authority in a new general assembly, which would consist of two distinct bodies: a senate and a house of representatives. The executive's power was diminished, and the legislature retained the power to elect the executive, now called the Governor, along with the Lieutenant Governor and privy council.
The constitution also disestablished the Church of England in South Carolina, creating a form of religious establishment. All pre-existing Protestant congregations were amalgamated into a single denomination, and ministers were forbidden from serving in public office. The Christian Protestant religion was declared the established religion of the state, with all denominations of Christian Protestants enjoying equal religious and civil privileges.
The constitution also included an oath of allegiance to the State of South Carolina, renouncing any allegiance to the British Crown.
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The 1865 constitution
South Carolina has had seven constitutions, adopted in 1669, 1776, 1778, 1790, 1865, 1868, and 1895. The 1865 constitution was adopted following the end of the Civil War. It was drafted during a constitutional convention in Columbia, South Carolina, in September 1865.
In 1867, Radical Republicans took control of the U.S. Congress and ended the period known as Presidential Reconstruction. The Reconstruction Acts required former Confederate states to adopt new constitutions and ratify the 14th Amendment. As a result, South Carolina held another constitutional convention in 1868, which passed a resolution asking Congress to lend the state $1 million to buy land for poor whites and blacks. This convention, which had a majority of Black delegates, adopted a constitution that provided for all people regardless of race, economic class, or gender. It also extended suffrage to Black men, and some delegates pushed to extend the franchise to women as well.
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The 1868 constitution
South Carolina has had seven constitutions, which were adopted in 1669, 1776, 1778, 1790, 1865, 1868, and 1895. The 1868 constitution was adopted during the Reconstruction era, after the Civil War. It was a significant document that embodied several democratic principles absent from previous constitutions.
Another significant aspect of the 1868 constitution was its focus on "personhood" rather than "intelligence" in voter registration. This meant that voting was open to all males over the age of 21, regardless of their educational background or property ownership. This provision stood in stark contrast to the 1895 constitution, which introduced literacy tests and property requirements that aimed to disenfranchise African Americans and poor whites.
Overall, the 1868 constitution of South Carolina was a significant document that embodied democratic ideals and aimed to provide for all people, regardless of race, economic class, or gender. It introduced important changes in areas such as voting rights, representation, education, and equality.
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The 1895 constitution
South Carolina's current constitution was adopted on December 4, 1895. This constitution has been amended several times since then. Before the 1895 Constitution, voter registration limits were lower; voting was open to all males over 21 years old. However, the 1895 Constitution shifted the focus of voter registration from "personhood" to "intelligence". As a result, prospective voters had to answer questions about constitutional provisions to qualify as voters until January 1, 1898.
Most of Article I of the 1895 Constitution dates from that year but was reorganized in 1971. Since then, two amendments have been made to Article I. The first amendment codified a victims' rights bill, while the second created a "right to hunt, fish, and harvest wildlife traditionally pursued." Article VI, which was not original to the constitution, deals with various elected officers within the state government's executive and legislative branches. It was first passed in 1972 and has since been amended.
Article VII, which was part of the original 1895 Constitution, regulates the creation of counties and provides for a township form of government, although no townships currently exist in South Carolina. The 1895 Constitution has been amended multiple times over the years to address various issues and reflect changing societal norms. For example, in 1973, an amendment authorized home rule for counties, and in 1981, the governor's term was extended to four years with reelection permitted. More recently, in 2011, a secret ballot for labour union elections was mandated, and in 2014, the Adjutant General position was changed to an appointed role by the governor.
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Amendments since 1966
The current South Carolina constitution was adopted in 1895, and there have been several amendments since 1966.
In 1966, the General Assembly approved a committee to study constitutional reform, which published its report in 1969. The report proposed seventeen new articles to replace those in the old constitution, of which the voters ratified twelve. Changes to the judiciary were among the most significant, taking until 1984 to fully implement.
In 1972, an article was passed that provided for specific elected offices, including the Secretary of State, Commissioner of Agriculture, and Comptroller General. In 1973, an amendment authorized home rule for counties. In 1981, the governor's term was extended to four years, with reelection permitted.
In 1997, voters approved a prohibition on convicted felons serving in the legislature in response to Operation Lost Trust. A year later, voters removed a provision outlawing interracial marriage, already overruled by the U.S. Supreme Court.
In 2011, an amendment mandated the secret ballot for labor union elections, one of four such state constitutions to do so. In 2014, the constitution was amended to make the Adjutant General an appointed position by the Governor, with Senate confirmation.
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Frequently asked questions
South Carolina adopted its first constitution in 1776.
South Carolina has had seven constitutions, including the current one, which was adopted in 1895.
The Fundamental Constitutions of Carolina, written in 1669, was the first governmental framework for South Carolina.
South Carolina's current constitution came into effect on December 4, 1895.
The 1868 constitution abolished debtors' prisons, provided for public education, and abolished property ownership as a qualification for office holding. It also granted some rights to women and created counties.
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