State constitution
Constitution of South Carolina
Data from SC Legislature
Full article/section structure with condensed section text. Deleted and reserved sections are marked. The long finance, taxation, and bonded-debt provisions of Article X and the transition provisions of Article XVII are summarized by heading rather than reproduced. Read the verbatim text at the source link.
Article I Declaration of Rights
§ 1 Political power in people
All political power is vested in and derived from the people, who may modify their form of government.
§ 2 Religious freedom; freedom of speech; right of assembly and petition
The General Assembly shall make no law respecting an establishment of religion or abridging speech, press, assembly, or petition.
§ 3 Privileges and immunities; due process; equal protection
Privileges and immunities shall not be abridged, nor any person denied due process or equal protection of the laws.
§ 4 Attainder; ex post facto laws; impairment of contracts; titles
No bill of attainder, ex post facto law, law impairing contracts, or grant of nobility shall be passed, and conviction works no corruption of blood or forfeiture.
§ 5 Elections, free and open
All elections shall be free and open, and every qualified inhabitant has an equal right to elect and be elected.
§ 6 Residence
Temporary absence from the state does not forfeit a residence once obtained.
§ 7 Suspension of laws
The power to suspend laws is exercised only by the General Assembly or its authority.
§ 8 Separation of powers
The legislative, executive, and judicial powers are forever separate and distinct.
§ 9 Courts; speedy remedy
All courts shall be public and every person shall have speedy remedy for wrongs sustained.
§ 10 Searches and seizures; invasions of privacy
The people are secure against unreasonable searches, seizures, and invasions of privacy; warrants require probable cause on oath.
§ 11 Presentment or indictment
Serious crimes require grand jury presentment or indictment, with waiver and state grand jury provisions permitted.
§ 12 Double jeopardy; self-incrimination
No person is twice put in jeopardy for the same offense nor compelled to be a witness against himself.
§ 13 Taking private property; economic development; remedy of blight
Private property is not taken for public use without just compensation, and not by eminent domain for economic development, except for the remedy of blight.
§ 14 Trial by jury; witnesses; defense
Trial by jury is preserved inviolate; the accused has speedy public trial, notice, confrontation, compulsory process, and defense.
§ 15 Right of bail; excessive bail; punishment; detention of witnesses
Persons are bailable except for capital or serious violent offenses; excessive bail, fines, and cruel or corporal punishment are forbidden.
§ 16 Libel
In libel prosecutions truth may be given in evidence and the jury judges the law and facts.
§ 17 Treason
Treason consists only in levying war or giving aid to enemies, proved by two witnesses or open-court confession.
§ 18 Suspension of habeas corpus
The writ of habeas corpus shall not be suspended except in insurrection, rebellion, or invasion.
§ 19 Imprisonment for debt
No person shall be imprisoned for debt except in cases of fraud.
§ 20 Right to keep and bear arms; military subordinate to civil authority
A well-regulated militia being necessary, the right to keep and bear arms shall not be infringed; the military is subordinate to civil authority and quartering is limited.
§ 21 Martial law
No person is subject to martial law except armed-forces members and the militia in service, and only by authority of the General Assembly.
§ 22 Procedure before administrative agencies; judicial review
No person is finally bound by an administrative decision affecting private rights without notice, hearing, and a right to judicial review.
§ 23 Provisions of Constitution mandatory
The provisions of the Constitution are mandatory and prohibitory, not merely directory, except where made directory by their terms.
§ 24 Victims' Bill of Rights
Crime victims are entitled to fairness, notice, presence, restitution, and other enumerated rights, enforceable by mandamus.
§ 25 Hunting and fishing
The citizens have the right to hunt, fish, and harvest wildlife, subject to conservation laws.
Article II Right of Suffrage
§ 1 Elections by secret ballot; protection of suffrage
Elections by the people are by secret ballot, and the right of suffrage is protected by law against undue influence.
§ 2 Free exercise of right of suffrage
No power, civil or military, shall interfere with the free exercise of the right of suffrage.
§ 3 Electors
Every citizen possessing the required qualifications and not under disability is an elector.
§ 4 Voter qualifications
Only a properly registered United States and state citizen 18 or older is entitled to vote as provided by law.
§ 5 Qualifications of municipal electors
Municipal electors must have resided in the municipality thirty days before the election.
§ 6 Demonstration of literacy
The General Assembly may require a reasonable ability to read and write English as a voting condition, except for the disabled.
§ 7 Disqualifications for mental incompetence or crime
The General Assembly establishes voting disqualifications for mental incompetence or serious crime; confined persons may not vote.
§ 8 Registration of voters
The General Assembly provides for voter registration, with public registration lists.
§ 9 Appeal by person denied registration
A person denied registration may appeal to the court of common pleas and thence to the Supreme Court.
§ 10 Nominations; conduct of elections; contests
The General Assembly regulates nominations, elections, absentee voting, secrecy, and contested elections.
§ 11 Electors privileged from arrest
Electors are privileged from arrest, except for serious crimes, while attending and traveling to and from the polls.
§ 12 Secret ballot; employee representation
The right to vote by secret ballot is guaranteed for authorizing employee representation by a labor organization.
Article III Legislative Department
§ 1 Legislative power vested in two branches
Legislative power is vested in the Senate and House of Representatives, together the General Assembly.
§ 1A Meeting of General Assembly
The General Assembly ought frequently to assemble for the redress of grievances and the making of laws.
§ 2 House of Representatives
The House is composed of members chosen by ballot every second year by qualified citizens.
§ 3 Number of members; enumeration
The House consists of one hundred twenty-four members apportioned among the counties by population.
§ 5 When apportionment takes effect
No apportionment takes effect until the general election succeeding it.
§ 6 Senate
The Senate is composed of members elected from senatorial districts as provided by law.
§ 7 Qualifications of members
Senators and representatives must meet age, citizenship, and residence qualifications.
§ 8 Election of representatives
Representatives are elected as provided by law.
§ 9 Sessions of General Assembly
The General Assembly meets in annual session as prescribed.
§ 10 Terms of office
Terms of members are set (two years for representatives, four for senators).
§ 11 Election returns; quorum; absent members
Each house judges the election of its members; a quorum may compel attendance of absentees.
§ 12 Officers; rules; punishment and expulsion
Each house chooses its officers, determines its rules, and may punish or expel members.
§ 13 Punishment of persons not members
Each house may punish non-members for contempt or disorderly conduct.
§ 14 Members in attendance protected
Members are privileged from arrest and not questioned elsewhere for speech during sessions.
§ 15 Bills for revenue; other bills
Revenue bills originate in the House; the Senate may amend as on other bills.
§ 16 Style of laws
The style of all laws is: Be it enacted by the General Assembly of the State of South Carolina.
§ 18 Formalities of act
Every act must comply with the formalities prescribed for enactment.
§ 19 Mileage; per diem; compensation
Members receive mileage and per diem; increases and extra-session pay are regulated.
§ 20 Elections viva voce
Legislative elections of officers are held viva voce.
§ 21 Deleted
Deleted.
§ 22 Journal; yeas and nays
Each house keeps a journal and records yeas and nays on demand.
§ 23 Doors open
The doors of each house are kept open except when secrecy is required.
§ 24 Dual office holding
Members may not hold certain other offices during their term.
§ 25 Vacancies
Vacancies in the General Assembly are filled as provided by law.
§ 26 Oath of office
Members take a prescribed oath before entering upon their duties.
§ 27 Removal of officer
Officers may be removed for cause as provided.
§ 28 Debtor's exemption from attachment
A debtor's exemption from attachment, levy, and sale is provided by law.
§ 30 Extra compensation prohibited
No extra compensation is allowed after service, with an exception for repelling invasion.
§ 31 Public lands
The disposition of public lands is regulated.
§ 32 Deleted
Deleted.
§ 33 Reserved
Reserved.
§ 34 Special laws prohibited
The General Assembly shall pass no special law where a general law can be made applicable, in enumerated cases.
§ 35 Lands owned by aliens
The holding of land by aliens is regulated.
§ 36 General reserve fund; capital reserve fund
General and capital reserve funds are established from a percentage of general revenues.
§ 37 Election of President to preside over Senate
The Senate elects a President to preside over it.
Article IV Executive Department
§ 1 Chief Magistrate
The supreme executive authority is vested in a Governor.
§ 2 Qualifications of Governor
The Governor must meet age, citizenship, and residence qualifications.
§ 3 Election; term limit
The Governor is elected and may not serve more than two successive terms.
§ 4 Term of Governor
The Governor holds office for four years.
§ 5 Highest number of votes; tie vote
The candidate with the highest vote is Governor; ties are resolved by the General Assembly.
§ 6 Succession when Governor-elect fails to serve
The Lieutenant Governor succeeds if the Governor-elect dies, declines, or fails to qualify.
§ 7 Succession when neither qualifies
Further succession is provided when neither Governor-elect nor Lieutenant Governor-elect can serve.
§ 8 Lieutenant Governor
The Lieutenant Governor is elected and qualified as provided, on a ticket with the Governor.
§ 9 Reserved
Reserved.
§ 10 Reserved
Reserved.
§ 12 Disability of Governor
Provides for exercise of the office during the Governor's disability.
§ 13 Commander-in-Chief
The Governor is Commander-in-Chief of the state's military forces.
§ 14 Powers as to clemency
The Governor has power to grant reprieves and commutations and to remit fines.
§ 15 Faithful execution of laws
The Governor takes care that the laws are faithfully executed.
§ 16 Compensation
The compensation of the Governor and Lieutenant Governor is set by law.
§ 17 Officers to give information to Governor
State officers must give the Governor information on their duties.
§ 18 Governor to give information to General Assembly
The Governor informs the General Assembly of the state of affairs and recommends measures.
§ 19 Extra sessions; adjournment
The Governor may convene extra sessions and adjourn the General Assembly on disagreement.
§ 20 Residence of Governor
The Governor resides at the seat of government.
§ 21 Bill must be signed or vetoed by Governor
Every bill or joint resolution is presented to the Governor to sign or veto, subject to override.
Article V The Judicial Department
§ 1 Judicial power vested in certain courts
Judicial power is vested in a unified system of a Supreme Court, Court of Appeals, Circuit Court, and other courts.
§ 2 Supreme Court
The Supreme Court consists of a Chief Justice and associate justices.
§ 3 Election of members of Supreme Court
Supreme Court justices are elected by the General Assembly.
§ 4 Powers of Chief Justice; rules; discipline
The Chief Justice is administrative head of the courts and makes rules governing practice and discipline.
§ 4A Submission of rules to judiciary committees
Supreme Court rules are submitted to the judiciary committees, subject to disapproval by the General Assembly.
§ 5 Jurisdiction of Supreme Court
The Supreme Court has appellate and original jurisdiction as prescribed.
§ 6 Reporter and Clerk of Supreme Court
Provides for a Reporter and Clerk of the Supreme Court.
§ 7 Court of Appeals
The composition, organization, and terms of the Court of Appeals are established.
§ 8 Election of members of Court of Appeals
Court of Appeals judges are elected by the General Assembly.
§ 9 Jurisdiction of Court of Appeals
The Court of Appeals has jurisdiction as provided, bound by Supreme Court decisions.
§ 10 Clerk of Court of Appeals
Provides for appointment of the Clerk of the Court of Appeals.
§ 11 Jurisdiction of Circuit Court
The Circuit Court is the general trial court of the state.
§ 12 Jurisdiction over testamentary and administration matters
Jurisdiction over probate, minors, and persons mentally incompetent is provided.
§ 13 Judicial circuits
The state is divided into judicial circuits.
§ 14 Rotation of judges
Circuit judges rotate among the circuits.
§ 15 Qualifications of justices and judges
Justices and judges must meet age, licensure, and experience qualifications.
§ 16 Compensation; practice of law and dual office holding
Judicial compensation is set by law; judges may not practice law or hold dual office.
§ 17 Removal or retirement of judges
Judges may be removed or retired as provided.
§ 18 Vacancies
Judicial vacancies are filled as provided.
§ 19 Disqualification; temporary appointments
Disqualified justices and judges may be replaced by temporary appointment.
§ 20 Powers of judges at chambers
Justices and judges have specified powers at chambers.
§ 21 Charge to jury
Judges may not charge juries on matters of fact.
§ 22 Grand and petit juries
The organization of grand and petit juries is provided.
§ 23 Change of venue
The courts may change the venue of cases as provided by law.
§ 24 Law enforcement officials; Attorney General
Provides for the Attorney General, prosecutors, and administrative officers.
§ 25 Publication of decisions
Supreme Court and Court of Appeals decisions are published.
§ 26 Magistrates
Provides for magistrates and their jurisdiction.
§ 27 Judicial Merit Selection Commission
A Judicial Merit Selection Commission screens candidates for judicial office.
Article VI Officers
§ 1 Eligibility for office; terms
Eligibility for and terms of office are prescribed.
§ 2 Person denying existence of Supreme Being
No person who denies the existence of a Supreme Being shall hold office (a provision unenforceable under federal law).
§ 3 Dual office holding
No person may hold two offices of honor or profit at the same time, with exceptions.
§ 4 Officers to take oath
Officers take and subscribe an oath before entering their duties.
§ 5 Form of oath
Prescribes the form of the oath of office.
§ 7 Elective offices; terms; duties; compensation
Provides for elected constitutional officers, their terms, duties, compensation, and the Adjutant General.
§ 8 Suspension and prosecution of officers accused of crime
Officers accused of a crime may be suspended and prosecuted.
§ 9 Removal of officers
Officers may be removed as provided.
Article VII Counties and County Government
§ 2 Section of old county to be cut off
Regulates cutting off a section of an existing county to form a new one.
§ 3 Inhabitants; taxable property; area of new county
Sets minimum inhabitants, taxable property, and area for a new county.
§ 4 Area, property, and inhabitants of old county
Preserves minimum area, property, and inhabitants of the old county.
§ 5 Eight-mile limit
Requires an eight-mile limit between county lines and county seats.
§ 6 Indebtedness
Apportions indebtedness when county lines change.
§ 7 Alteration of county lines
Provides for altering county lines by petition and election.
§ 8 Removal of county seat
Provides for the removal of a county seat by vote.
§ 9 Election district; body corporate
Each county is an election district and a body corporate.
§ 10 Consolidation of counties
Provides for the consolidation of two or more counties.
§ 11 Townships; township and county government
Provides for townships as bodies corporate and for county government.
§ 12 Boundaries of counties; Saluda and Edgefield
Defines county boundaries, including Saluda and Edgefield.
§ 13 Judicial and Congressional districts; precincts
Provides for judicial and congressional districts and voting precincts.
§ 14 County line through city or town
Regulates a county line passing through a city or town.
§ 15 Regional councils of government
Authorizes regional councils of government.
Article VIII Local Government
§ 1 Powers of political subdivisions continued
Existing powers of political subdivisions continue until changed by law.
§ 2 Boundaries of counties
County boundaries continue as they exist until changed.
§ 3 Number of counties
Fixes the number of counties, subject to change.
§ 4 Merger of counties
Provides for the merger of counties by referendum.
§ 5 Merger of parts of counties
Provides for merging parts of counties with adjoining counties.
§ 6 Removal of county seat
Provides for removal of a county seat.
§ 7 Organization, powers, and duties of counties
The General Assembly provides general laws for county government; special laws are prohibited.
§ 8 Incorporation and boundaries of municipalities
Provides for incorporation of new municipalities, boundary adjustments, and mergers.
§ 10 Law for a specific municipality prohibited
No law for a specific municipality is permitted except by general law.
§ 11 Adoption and amendment of municipal charters
Provides for adopting and amending municipal charters.
§ 12 Consolidation of counties with municipalities
Provides for consolidating counties with municipalities and other subdivisions.
§ 13 Joint administration of functions
Political subdivisions may jointly administer functions and exercise powers.
§ 14 General law provisions not to be set aside
Provisions in general laws for local government may not be set aside.
§ 15 Consent of local governing body required
Certain laws require the consent of the local governing body.
§ 16 Public utility systems
Local governments may acquire and operate public utility systems.
§ 17 Construction of Constitution and laws
This article and general laws are liberally construed in favor of local government.
§ 18 Territories for electrical and gas utilities
Provides for assigning and regulating utility service territories.
Article VIII-A Alcoholic Liquor and Beverages
§ 1 Powers of General Assembly
The General Assembly regulates the manufacture, sale, and consumption of alcoholic liquors and beverages.
Article IX Corporations
§ 1 Regulation of carriers and utilities
The General Assembly provides for the regulation of common carriers and publicly- and privately-owned utilities.
§ 2 Formation and regulation of corporations
Provides for the formation, organization, and regulation of corporations by general law.
Article X Finance, Taxation, and Bonded Debt
§ 1 Taxation and assessment
Provides for equal and uniform assessment and taxation of property according to value.
§ 2 Classes of property; assessment ratios
Defines classes of property and assessment ratios for property tax purposes.
§ 3 Property exempt from ad valorem taxation
Enumerates property exempt from ad valorem taxation (public, religious, charitable, and other property).
§ 4 One assessment for all taxes
Requires a single assessment of property for all taxes.
§ 5 No tax without consent; taxes levied by law
No tax is levied except in pursuance of law and with the consent of the people's representatives.
§ 6 Method of valuation of real property
Establishes the method of valuation for assessment of real property statewide.
§ 7 Limitation on state expenditures and employees
Limits annual state expenditures and the number of state employees, with a balanced-budget requirement.
§ 8 Payments from treasuries
Money is paid from public treasuries only pursuant to appropriations made by law.
§ 9 Statement of receipts and expenditures
A regular statement of public receipts and expenditures is published.
§ 10 Claims against State
Provides for the presentation and payment of claims against the State.
§ 11 Credit of State and subdivisions
The credit of the State and its subdivisions may not be pledged for private purposes.
§ 12 County bonded indebtedness for special services
Restricts county bonded indebtedness for special services without a special tax.
§ 13 Bonded indebtedness of State
Governs the incurring, limits, and repayment of the State's bonded indebtedness.
§ 14 Bonded indebtedness of political subdivisions
Governs the bonded indebtedness of political subdivisions and its limits.
§ 15 Bonded indebtedness of school districts
Governs the bonded indebtedness of school districts and its limits.
§ 16 State-operated retirement systems
Regulates the benefits, funding, and membership contributions of state-operated retirement systems.
Article XI Public Education
§ 1 State Board of Education
Provides for a State Board of Education.
§ 2 State Superintendent of Education
Provides for a State Superintendent of Education.
§ 3 System of free public schools
The General Assembly provides for a system of free public schools and other public institutions of learning.
§ 4 Direct aid to private schools prohibited
No public funds may be used for the direct benefit of religious or other private educational institutions.
Article XII Functions of Government
§ 1 Matters of public concern; agencies
The General Assembly establishes agencies for matters of public concern such as health and welfare.
§ 2 Institutions for confinement of convicted persons
Provides for institutions confining persons convicted of crimes.
§ 3 Separate confinement of juvenile offenders
Requires separate confinement of juvenile offenders.
§ 4 Reserved
Reserved.
§ 5 Reserved
Reserved.
§ 6 Reserved
Reserved.
§ 7 Reserved
Reserved.
§ 8 Reserved
Reserved.
§ 9 Control of convicts
Provides for the control and employment of convicts.
Article XIII Militia
§ 1 Militia
The militia consists of able-bodied citizens as provided by law.
§ 2 When exempt from arrest
Militia members are exempt from arrest while on duty, except for serious crimes.
§ 3 Governor may call out
The Governor may call out the militia to execute the laws and repel invasion.
§ 4 Adjutant General; appointment
Provides for the appointment of the Adjutant General.
§ 5 Confederate pensions
Authorizes pensions for Confederate veterans and widows (now spent).
Article XIV Eminent Domain
§ 1 Boundary rivers
Concerns navigation and rights in boundary rivers.
§ 2 Title to certain lands
Confirms title to certain lands.
§ 3 Ultimate property in lands
The ultimate property in lands vests in the State.
§ 4 Navigable waters free; wharf tax
Navigable waters remain free public highways, subject to a tax for use of a wharf.
§ 5 Reserved
Reserved.
Article XV Impeachment
§ 1 Power of impeachment; vote required
The House has the power of impeachment by two-thirds vote and may suspend the officer impeached.
§ 2 Trial of impeachments; judgment
The Senate tries impeachments; judgment is limited to removal, and a criminal prosecution may still follow.
§ 3 Removal by Governor on address
The Governor may remove officers on the address of the General Assembly.
Article XVI Amendment and Revision of the Constitution
§ 1 Amendments
Amendments proposed by two-thirds of each house are submitted to the voters and, if approved, ratified by the General Assembly.
§ 2 Two or more amendments
Two or more amendments are submitted so voters may vote on each separately.
§ 3 Constitutional Convention
A constitutional convention may be called by two-thirds of each house and approval of the voters.
Article XVII Miscellaneous Matters
§ 1 Qualifications of officers
Prescribes general qualifications for holding office.
§ 1A Qualification for office; dual office holding
Sets qualifications for office and restricts dual office holding.
§ 1B Property qualifications; term; dueling
Abolishes property qualifications and disqualifies persons involved in dueling.
§ 2 Claims against State
Concerns the handling of claims against the State.
§ 4 Supreme Being
Declares acknowledgment of a Supreme Being (a provision unenforceable under federal law).
§ 5 Public printing
Regulates the public printing.
§ 6 Removal of causes
Concerns the removal of causes between courts.
§ 7B Special election for bonding municipality
Provides for a special election to authorize bonding of a municipality.
§ 9 Property of married women
Protects the separate property of married women.
§ 10 Laws now in force
Continues existing laws not inconsistent with the Constitution.
§ 11 Schedule
Transitional provisions carrying prior offices, laws, and matters into the Constitution (largely spent).
§ 12 Continuity of government during enemy attack
Provides for continuity of governmental operations during an enemy attack.
§ 13 Greenwood County electric properties
Concerns funds realized by Greenwood County from the sale of its electric system.
§ 14 Citizens sui juris; sale of alcoholic beverages
Deems persons 18 or older sui juris and restricts the sale of alcoholic beverages to them.
§ 15 Lawful domestic unions
Recognizes only marriage between one man and one woman as a valid domestic union (superseded by federal law).
Full, verbatim text at SC Legislature