The South Carolina State Constitution: A Reference Guide

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Greenwood Publishing Group, 2007 - 239 σελίδες

South Carolina's current constitution is a unique reflection of America's cultural and political history. It has roots dating back to the state's original colonial charter, and today's text comprises an uneasy alliance of its post-Civil War history, its late 19th century return to segregation, and the post-1960s liberalizing reforms. Graham's discussion of this state constitution illustrates the success of positive political forces in a Deep South state often stereotyped nationally as negative or backward. His conclusions challenge students and advocates of constitutional reform to continue revision efforts, making this volume an important contribution to the study of state politics and the principles of democratic government.

This volume traces the history and evolution of South Carolina's constitution over three centuries and offers a detailed, section-by-section commentary on its current text. Graham references legal cases, commission reports, historical scholarship, current debates, and other relevant material to highlight the changing interpretations of the constitution over time. A bibliographic essay and list of cases illustrate significant sources for further study.

 

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Περιεχόμενα

The Influence of Colonial Charters
3
THE FUNDAMENTAL CONSTITUTIONS
4
COLONIAL GOVERNMENT UNDER THE BRITISH CROWN
7
AN OVERVIEW
10
The Constitution of 1778
11
THE CONSTITUTION OF 1790
13
SECESSION AND THE 1861 CONSTITUTION
16
THE CONSTITUTION OF 1865
17
SECTION 21 Charge to jury
115
SECTION 24 Lawenforcement officials prosecutors and administrative officers Attorney General
116
SECTION 25 Publication of Supreme Court and Court of Appeals decisions
118
SECTION 27 Judicial Merit Selection Commission
119
Officers
121
SECTION 2 Person denying existence of Supreme Being not to hold office
122
SECTION 4 Officers to take and subscribe oath
124
SECTION 7 Elective offices terms duties compensation
125

THE CONSTITUTION OF 1868
20
THE CONSTITUTION OF 1895
22
REVISION OF THE 1895 CONSTITUTION
25
ONGOING REVISIONS
28
CONCLUSION
29
NOTES
30
South Carolina Constitution and Commentary
37
Preamble
39
Declaration of Rights
41
SECTION 2 Religious freedom freedom of speech right of assembly and petition
42
SECTION 4 Attainder ex post facto laws impairment of contracts titles effect of conviction
43
SECTION 5 Elections free and open
45
SECTION 7 Suspension of laws
46
SECTION 9 Courts speedy remedy
47
SECTION 10 Searches and seizures invasions of privacy
48
SECTION 11 Presentment or indictment
49
SECTION 13 Taking private property
50
SECTION 15 Right of bail excessive bail cruel or unusual or corporal punishment detention of witnesses
51
SECTION 16 Libel
53
SECTION 18 Suspension of habeas corpus
54
SECTION 20 Right to keep and bear arms armies military power subordinate to civil authority how soldiers quartered
55
SECTION 22 Procedure before administrative agencies judicial review
56
Right of Suffrage
61
SECTION 3 Electors
62
SECTION 4 Voter qualifications
63
SECTION 7 Disqualifications by reason of mental incompetence or conviction of crime
64
SECTION 9 Appeal by person denied registration
65
SECTION 11 Electors privileged from arrest
66
Legislative Department
67
SECTION 2 House of Representatives
68
SECTION 4 Assignment of representatives
69
SECTION 5 When apportionment takes effect
70
SECTION 8 Election of representatives
71
SECTION 9 Sessions of General Assembly
72
SECTION 11 Election returns quorum absent members
73
SECTION 13 Punishment of persons not members
74
SECTION 16 Style of laws
75
SECTION 18 Formalities of act
77
SECTION 20 Elections viva voce
78
SECTION 23 Doors open
79
SECTION 26 Oath of office
80
SECTION 27 Removal of officer
81
SECTION 30 Extra compensation not permitted appropriations for repelling invasion
82
SECTION 32 Salary of deceased officer pensions
83
SECTION 35 Lands owned by aliens
85
Executive Department
89
SECTION 2 Qualifications of Governor
90
SECTION 3 Election of Governor Governor may not serve more than two successive terms
91
SECTION 5 Person having highest number of votes to be Governor tie vote
92
SECTION 8 Election qualifications and term of Lieutenant Governor
93
SECTION 11 Death resignation removal etc of Governor
94
SECTION 13 CommanderinChief
95
SECTION 14 Powers of Governor as to clemency
96
SECTION 17 Duty of State officers etc to give information to Governor
97
SECTION 19 Extra sessions Governor may adjourn General Assembly
98
SECTION 21 Bill or joint resolution must be signed or vetoed by Governor
99
The Judicial Department
103
SECTION 2 Supreme Court
106
SECTION 4A Submission of Supreme Court rules to judiciary committees disapproval by General Assembly
107
SECTION 5 Jurisdiction of Supreme Court
108
SECTION 6 Reporter and Clerk of Supreme Court
109
SECTION 8 Election of members of Court of Appeals
110
SECTION 12 Jurisdiction in matters testamentary and of administration minors and persons mentally incompetent
111
SECTION 14 Rotation of judges
112
SECTION 17 Removal or retirement of judges
113
SECTION 18 Vacancies
114
SECTION 8 Suspension and prosecution of officers accused of crime
126
SECTION 9 Removal of officers
127
Counties and County Government
129
SECTION 2 Section of old county to be cut off
130
SECTION 5 Eightmile limit
131
SECTION 10 Consolidation of two or more counties
133
SECTION 12 Boundaries of counties boundaries of Saluda and Edgefield
134
SECTION 13 Judicial and Congressional districts voting precincts
135
Local Government
139
SECTION 2 Boundaries of counties
140
SECTION 5 Merger of parts of counties with adjoining counties
141
SECTION 9 Organization powers duties etc of municipalities
142
SECTION 10 No law or exemption for a specific municipality to be enacted
144
SECTION 12 Consolidation of counties with municipalities and other political subdivisions
145
SECTION 13 Joint administration of functions and exercise of powers
146
SECTION 14 General law provisions not to be set aside
147
SECTION 16 Acquisition and operation of public utilities systems
148
SECTION 17 Construction of Constitution and laws
149
Alcoholic Liquor and Beverages
151
Corporations
153
SECTION 2 Formation organization and regulation etc of corporations
155
Finance Taxation and Bonded Debt
157
SECTION 1 Taxation and assessment
158
SECTION 2 Defining classes of property and values for property tax purposes thereof transition to assessment ratios continuance of existing statutes ...
161
SECTION 4 One assessment for all taxes
163
SECTION 5 No tax without consent taxes shall be levied in pursuance of law
164
SECTION 6 Assessment and collection of taxes in political subdivisions
165
SECTION 7 Limitation on annual expenditures of state government and number of state employees annual budgets and expenses of political subdivis...
166
SECTION 8 Payments from treasuries
167
SECTION 11 Credit of State and political subdivisions
168
SECTION 12 Counties not to incur bonded indebtedness for special services in certain areas without special tax or charge on area or persons benefitted
169
SECTION 14 Bonded indebtedness of political subdivisions
172
SECTION 15 Bonded indebtedness of school districts
174
SECTION 16 Regulation of benefits funding and membership contributions of stateoperated retirement systems investment of funds State Retirement ...
176
Public Education
179
SECTION 3 System of free public schools and other public institutions of learning
180
SECTION 4 Direct aid to religious or other private educational institutions prohibited
181
Functions of Government
183
SECTION 2 Institutions for confinement of persons convicted of crimes
184
SECTION 4 to 8 Reserved
185
Militia
187
SECTION 3 Governor may call out
188
SECTION 5 Confederate pensions
189
Eminent Domain
191
SECTION 2 Title to certain lands
192
SECTION 4 Navigable waters free tax for use of wharf
193
Impeachment
197
SECTION 2 Trial of impeachments judgment proceedings no bar to criminal prosecution impeachment of Governor
198
Amendment and Revision of the Constitution
201
SECTION 2 Two or more amendments
202
Miscellaneous Matters
203
SECTION 1B Property qualifications term of office dueling
204
SECTION 2 Claims against State
205
SECTION 3 Divorces
206
SECTION 7 Lotteries
207
SECTION 8 Officers gambling and betting
209
SECTION 11 Schedule
210
SECTION 12 Continuity of governmental operations in event of enemy attack
211
Article I of Amendments to the Constitution
213
Article II of Amendments to the Constitution
215
Article III of Amendments to the Constitution
217
Bibliographical Essay
221
Table of Cases
227
Index
231
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Cole Blease Graham, Jr. is Professor, Department of Political Science, University of South Carolina. He is co-author of South Carolina Government and Politics and Managing the Public Organization and co-editor of Handbook of Court Administration and Management.

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