Jonah Patel
The South Carolina Constitution is the state constitution of South Carolina. It was first adopted in 1776 and has since been amended several times, with the current version being adopted in 1895. The constitution outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual rights, and civil rights. The due process clause in the South Carolina Constitution is found in Article I, Section 5, which states that no person shall be deprived of life, liberty, or property without due process of law, and that they shall not be denied equal protection under the law. This clause is similar to the Due Process Clause of the Fourteenth Amendment to the United States Constitution, which binds the states and prohibits them from depriving any person of life, liberty, or property without due process of law.
| Characteristics | Values |
|---|---|
| Number of Constitutions | 7 |
| Current Constitution Adopted | 1895 |
| Number of Amendments | 410 |
| Number of Articles | 17 |
| Number of Sections | 24 |
| Due Process | Citizens of South Carolina and the United States shall not be deprived of life, liberty, or property without due process of law |
| Victims' Bill of Rights | Victims of crime have the right to due process regardless of race, sex, age, religion, or economic status |
| Trial by Jury | Any person charged with an offense has the right to a speedy and public trial by an impartial jury |
| Suffrage | All white men over the age of twenty-one |
| Separation of Church and State | Achieved in 1790 |
| Qualifications of the Governor | No person shall be eligible to the office of Governor who denies the existence of the Supreme Being |
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What You'll Learn
Victims' rights
The Victims' Bill of Rights, Article I, Section 24 of the South Carolina Constitution, was added in 1996 to preserve and protect victims' rights to justice and due process. This is regardless of race, sex, age, religion, or economic status. The Victims' Bill of Rights outlines that victims of crime have the right to:
- Be treated with fairness, respect, and dignity, and to be free from intimidation, harassment, or abuse, throughout the criminal and juvenile justice process.
- Be informed of their constitutional rights, provided by statute.
- Be reasonably informed when the accused or convicted person is arrested, released from custody, or has escaped.
- Be informed of and present at any criminal proceedings which are dispositive of the charges where the defendant has the right to be present.
- Be reasonably informed of and be allowed to submit either a written or oral statement at all hearings affecting bond or bail.
- Be heard at any proceeding involving a post-arrest release decision, a plea, or sentencing.
- Be reasonably protected from the accused or persons acting on their behalf throughout the criminal justice process.
- Confer with the prosecution, after the crime against the victim has been charged, before the trial or before any disposition, and be informed of the disposition.
The South Carolina Attorney General's website provides information on victims' rights and services, including the Department of Crime Victim Compensation (DCVC), which offers financial compensation to eligible crime victims and their families. Crime victims who are not satisfied with the services they have received and/or feel that their rights have been violated may file a complaint with the Crime Victim Ombudsman.
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Separation of church and state
The South Carolina Constitution was first drafted in 1790, following the adoption of the United States Constitution in 1787. The original South Carolina Constitution included a provision for the separation of church and state. This was achieved by amalgamating all pre-existing Protestant congregations into a single denomination, which was denied financial support. Ministers were also forbidden from serving in public office.
However, the South Carolina Constitution has been amended several times, and some provisions have been found to be in conflict with the federal Constitution. Notably, Article IV, Section 2, and Article VI, Section 2, both of which deal with the qualifications for state office, state that "No person who denies the existence of a Supreme Being shall hold any office under this Constitution." These provisions have never been enforced in modern times, as they are deemed to violate the Establishment Clause of the First Amendment, which is binding on the states per the 14th Amendment's Due Process Clause. The state supreme court affirmed this in Silverman v. Campbell in 1997, holding that these provisions also violated the no religious test clause in Article VI of the United States Constitution.
The South Carolina Religious Freedom Act, enacted in 1999, further underscores the state's commitment to religious freedom. It states that no law shall be made respecting an establishment of religion or prohibiting the free exercise thereof. This act also defines the "exercise of religion" as the exercise of religion under the First Amendment to the United States Constitution or Article I, Section 2 of the State Constitution.
Despite these protections, South Carolina has a history of intertwining church and state. Before the incorporation of the First Amendment in the 19th century, South Carolina, along with several other states, paid churches out of the public treasury. Additionally, South Carolina's constitution once required the belief in a Supreme Being and included specific religious language in oaths of office, juror oaths, and witness oaths. These requirements have since been deemed unconstitutional and unenforceable under the First and Fourteenth Amendments.
In conclusion, while the South Carolina Constitution has evolved over time, the state has consistently upheld the separation of church and state, with some notable exceptions. The current constitution includes provisions that protect religious freedom and prohibit laws respecting an establishment of religion. However, historical influences and cultural contexts, such as the establishment of the Church of England in the southern colonies, have sometimes led to blurred lines between church and state in South Carolina, as in other states across the nation.
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Suffrage and electoral process
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. The current constitution, which came into effect on December 4, 1895, is the seventh in the state's history.
The South Carolina Constitution has a long and complex history with regard to suffrage and the electoral process. The state has a history of racial discrimination and voter suppression, particularly against Black citizens.
In 1790, South Carolina held a constitutional convention, revising its constitution following the adoption of the US Constitution in 1787. This new constitution required the ownership of land and slaves to hold public office, and formalised the separation of church and state. Similar land ownership requirements limited suffrage in the state, with only those meeting these requirements eligible to vote. The legislature also retained the power to elect the state's governor.
In 1808, the constitution was amended to create an apportionment system based on the total white population. This was followed by a significant amendment in 1810, which granted suffrage to all white men over the age of 21.
Following the US Civil War, South Carolina adopted a new constitution in 1868, drafted by a Black majority. This constitution required every "taxable poll" to pay an annual "poll tax", which applied to all citizens regardless of race, to fund a new system of public schools. Importantly, this constitution specified that no person could be deprived of the right to vote due to non-payment of the poll tax.
However, despite these advances, conservative White voters regained control of the state's political landscape in the 1870s through violence and fraud. This led to a rollback of Black suffrage and civil rights, with the state legislature refusing to ratify the 14th Amendment to the US Constitution, which guaranteed equal protection under the law.
The current South Carolina Constitution, adopted in 1895, envisioned "the people" as white male elites who held suffrage at the time. Article I, which dates mostly from 1895 but was reorganised in 1971, includes a bill of rights with protections such as freedom of speech, religion, and protection from double jeopardy. Article II, also largely original but reorganised in 1971, governs the state's electoral process. While it once permitted literacy tests as a voting requirement, this provision was outlawed by the Voting Rights Act of 1965.
Today, the South Carolina Constitution guarantees certain rights and protections regarding suffrage and the electoral process. Article I, Section 15 states that all elections shall be free and open, and every inhabitant of the state with the required qualifications has an equal right to elect officers and be elected to fill public office. Article II outlines the responsibilities of the General Assembly in regulating elections, including nominating candidates, establishing procedures for contested elections, and ensuring the secrecy of voting. Electors are also privileged from arrest, except in cases of treason, felony, or a breach of the peace, when attending the polls for voting.
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Criminal justice
The South Carolina Constitution contains several provisions that relate to criminal justice and due process.
Article I, Section 5 of the South Carolina Constitution guarantees the right to a fair and public trial by an impartial jury, the right to be informed of the nature and cause of any accusations, the right to confront witnesses, and the right to compulsory process for obtaining witnesses in one's favour. This section also establishes the right to bail for those who have not been convicted, with some exceptions for capital offenses or violent crimes. Additionally, it prohibits excessive bail, fines, or cruel and unusual punishment.
The constitution also includes a Victims' Bill of Rights, which aims to protect victims' rights to justice and due process throughout the criminal and juvenile justice processes. Victims are entitled to fair treatment, respect, and dignity, as well as protection from intimidation or abuse. They are also to be informed of their constitutional rights and kept updated on the status of the accused or convicted person.
The role of the Solicitor's Office in South Carolina's criminal justice system is also outlined. The state is divided into 16 judicial circuits, each comprising at least two counties. The Solicitor's Office reviews charges brought by law enforcement and prosecutes cases in the General Sessions Court that can be proven beyond a reasonable doubt.
Additionally, the South Carolina Criminal Justice Academy plays a crucial role in law enforcement training. The Academy provides rigorous theoretical education and practical training in areas such as firearms proficiency, defensive tactics, and real-life scenario simulations. The training is designed to equip graduates with the necessary skills to serve and protect their communities effectively.
Overall, the South Carolina Constitution and its criminal justice system aim to protect the rights of both victims and the accused, ensuring due process and fair treatment for all involved.
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Qualifications for state office
The Constitution of South Carolina outlines the qualifications for state office in Article VI, Section 1, stating that no person may be popularly elected to or serve in any office in the state unless they possess the qualifications of an elector, are not disqualified by age, and have not been convicted of a felony or a list of other specified offences. The article also states that no person who denies the existence of the Supreme Being shall hold any office under the Constitution. This provision has not been enforced in modern times, as it violates the First Amendment's Establishment Clause and the no religious test clause in Article VI of the United States Constitution.
Article VI, Section 7, specifies the elective offices, their terms, duties, and compensation. The qualified voters of the state elect a Secretary of State, an Attorney General, a Treasurer, a Superintendent of Education, a Comptroller General, a Commissioner of Agriculture, and an Adjutant General. These officials hold office for a term of four years, and their compensation cannot be altered during their term.
Article IV, Section 2, outlines the qualifications for the office of Governor, reiterating that no person shall be eligible for this office if they deny the existence of the Supreme Being.
Article XV establishes the procedures for impeachment of public officials, requiring a two-thirds vote of the South Carolina House of Representatives to impeach the Governor and other state officials, followed by another two-thirds vote in the Senate to remove the official. The Governor can also remove an official with a two-thirds vote of both houses of the General Assembly.
The Constitution of South Carolina also includes a Declaration of Rights, which guarantees due process and equal protection under the law. This ensures that no person shall be deprived of life, liberty, or property without due process, and it prohibits laws that abridge the privileges and immunities of citizens.
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Frequently asked questions
Due process is mentioned in Article I, Section 5 of the South Carolina Constitution, which states that no person shall be deprived of life, liberty, or property without due process of law.
The South Carolina Constitution is the state constitution of South Carolina. It outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.
South Carolina has had seven state constitutions. The current state constitution was adopted in 1895 and has been amended numerous times.
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