South Carolina Constitution Article I - Declaration of Rights
South Carolina Constitution – Article I: Declaration of Rights
Article I of the South Carolina Constitution is the Declaration of Rights, which serves as the Bill of Rights for the state. It guarantees the fundamental rights and liberties of individuals and sets limitations on the powers of government, mirroring many of the protections found in the U.S. Constitution but tailored for South Carolina.
Here’s a summary of key sections in Article I:
🔹 Section-by-Section Summary
Section 1 – Political Power
All political power is derived from the people; government is instituted for their good.
Section 2 – Equal Protection of Laws
No person shall be denied the equal protection of the laws.
Section 3 – Privileges and Immunities; Due Process
No person shall be deprived of life, liberty, or property without due process of law.
Section 4 – Freedom of Speech and Press
Protects freedom of speech and the press; people may speak freely on matters concerning government.
Section 5 – Unreasonable Searches and Seizures
Protects against unreasonable searches and seizures; requires warrants based on probable cause.
Section 6 – Right to Privacy
Recognizes and protects the right to privacy.
Section 7 – Religious Freedom
Guarantees freedom of religion; no person shall be compelled to attend or support any religious worship.
Section 8 – Separation of Church and State
No public money shall be used for religious purposes.
Section 9 – Elections
Elections shall be free and open.
Section 10 – Right of Petition and Assembly
People have the right to assemble and petition the government.
Section 11 – Protection of Rights of Victims of Crimes
Crime victims have certain enumerated rights, such as notification and participation in proceedings.
Section 12 – Right to Bear Arms
The right to keep and bear arms shall not be infringed, but the state may regulate the carrying of weapons.
Section 13 – Military Power Subordinate to Civil Authority
Military must always be under civil control.
Section 14 – Treason
Defines treason against the state.
Section 15 – Right of Jury Trial
The right to trial by jury is preserved.
Section 16 – Right to Bail; Excessive Fines; Cruel and Unusual Punishment
Protects against excessive bail and cruel and unusual punishments.
Section 17 – Ex Post Facto Laws; Impairment of Contracts
Prohibits ex post facto laws and laws impairing contracts.
Section 18 – Eminent Domain
Private property may not be taken for public use without just compensation.
Section 19 – Suspension of Laws
No power to suspend laws shall be exercised except by the General Assembly.
Section 20 – Habeas Corpus
The right to habeas corpus shall not be suspended.
Section 21 – Imprisonment for Debt
No imprisonment for debt except in cases of fraud.
Section 22 – Right of Assembly and Redress
The people have the right to assemble peacefully and seek redress of grievances.
📝 Notes:
This article acts as the cornerstone of individual rights in South Carolina.
It’s enforceable by courts and sets limits on state and local government actions.
Many provisions echo the U.S. Bill of Rights, but are often more specific in state context.
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