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-
-
-
- CONSTITUTION
- OF THE
- STATE OF SOUTH CAROLINA
- (as revised to 1981)
-
-
- ARTICLE I
-
- DECLARATION OF RIGHTS
-
-
- Sec. 1. All political power is vested in and derived from the people
- only, therefore, they have the right at all times to modify
- their form of government.
-
- Sec. 2. The General Assembly shall make no law respecting an estab-
- lishment of religion or prohibiting the free exercise there-
- of, or abridging the freedom of speech or of the press; or
- the right of the people to peaceably to assemble and peti-
- tion the government or any department thereof for a redress
- of grievances.
-
- Sec. 3. The privileges and immunities of citizens of this State and
- of the United States under this Constitution shall not be
- abridged, nor shall any person be deprived of life, liberty,
- or property without due process of law, nor shall any person
- be denied the equal protection of the laws.
-
- Sec. 4. No bill of attainder, ex post facto law, law impairing the
- obligation of contracts, nor law granting any title of
- nobility or hereditary emolument, shall be passed, and no
- conviction shall work corruption of blood or forfeiture of
- estate.
-
- Sec. 5. All elections shall be free and open, and every inhabitant
- of this State possessing the qualifications provided for in
- this Constitution shall have an equal right to elect offi-
- cers and be elected to fill public office.
-
- Sec. 6. Temporary absence from the state shall not forfeit a resi-
- dence once obtained.
-
- Sec. 7. The power to suspend the laws shall be exercised only by the
- General Assembly or by its authority in particular cases ex-
- pressly provided for by it.
-
- Sec. 8. In the government of this State, the legislative, executive,
- and judicial powers of the government shall be forever sep-
- arate and distinct from each other, and no person or persons
- exercising the functions of one of said departments shall
- assume or discharge the duties of any other.
-
- Sec. 9. All courts shall be public, and every person shall have
- speedy remedy therein for wrongs sustained.
-
- Sec. 10. The right of the people to be secure in their persons,
- houses, papers, and effects against unreasonable searches
- and seizures and unreasonable invasions of privacy shall not
- be violated, and no warrants shall issue but upon probable
- cause, supported by oath or affirmation, and particularly
- describing the place to be searched, the person or thing to
- be seized, and the information to be obtained.
-
- Sec. 11. No person shall be held to answer for any crime where the
- punishment exceeds a fine of two hundred dollars or im-
- prisonment for thirty days, unless on a presentment or in-
- dictment of a grand jury of the county where the crime shall
- have been committed, except in cases arising it the land or
- naval forces or in the militia when in actual service in
- time of war or public danger. The General Assembly may pro-
- vide for the waiver of an indictment by the accused.
-
- Sec. 12. No person shall be subject for the same offense to be twice
- put in jeopardy of life or liberty, nor shall any person be
- compelled in any criminal case to be a witness against him-
- self.
-
- Sec. 13. Except as otherwise provided in this Constitution, private
- property shall not be taken for private use without the con-
- sent of the owner, nor for public use without just compensa-
- tion being first made therefor.
-
- Sec. 14. The right of trial by jury shall be preserved inviolate. Any
- person charged with an offense shall enjoy the right to a
- speedy and public trial by an impartial jury; to be fully
- informed of the nature and cause of the accusation; to be
- confronted with the witnesses against him; to have compul-
- sory process for obtaining witnesses in his favor, and to be
- fully heard in his defense by himself or by his counsel or
- both.
-
- Sec. 15. All persons shall, before conviction, be bailable by suffi-
- cient sureties, but bail may be denied to persons charged
- with capital offenses or offenses punishable by life im-
- prisonment, giving due weight to the evidence and to the
- nature and circumstances of the event. Excessive bail shall
- not be required; nor shall excessive fines be imposed; nor
- shall cruel; nor corporal, nor unusual punishment be in-
- flicted; nor shall witnesses be unreasonably detained.
-
- Sec. 16. In all indictments or prosecutions for libel, the truth of
- the alleged libel may be given in evidence, and the jury
- shall be the judges of the law and facts.
-
- Sec. 17. Treason against the State shall consist alone in levying war
- or in giving aid and comfort to enemies against the State.
- No person shall be held guilty of treason, except upon tes-
- timony of at least two witnesses to the same overt act, or
- upon confession in open court
-
- Sec. 18. The privilege of the writ of habeas corpus shall not be sus-
- pended unless when, in case of insurrection, rebellion or
- invasion, the public safety may require it.
-
- Sec. 19. No person shall be imprisoned for debt except in cases of
- fraud.
-
- Sec. 20. A well regulated militia being necessary to the security of
- a free state, the right of the people to keep and bear arms
- shall not be infringed. As, in times of peace, armies are
- dangerous to liberty, they shall not be maintained without
- the consent of the General Assembly. The military power of
- the State shall always be held in subordination to the civil
- authority and be governed by it. No soldier shall in time
- of peace be quartered in any house without the consent of
- the owner nor in time of war but in a manner prescribed by
- law.
-
- Sec. 21. No person shall in any case be subject to martial law or to
- any pains or penalties by virtue of that law, except those
- employed in the armed forces of the United States, and ex-
- cept the militia in actual service, but by the authority of
- the General Assembly.
-
- Sec. 22. No person shall be finally bound by a judicial or quasi-
- judicial decision of an administrative agency affecting pri-
- vate rights except on due notice and an opportunity to be
- heard; nor shall he be subject to the same person for both
- prosecution and adjudication; nor shall he be deprived of
- liberty or property unless by a mode of procedure prescribed
- by the General Assembly, and he shall have in all such in-
- stances the right to judicial review.
-
- Sec. 23. The provisions of the Constitution shall be taken, deemed,
- and construed to be mandatory and prohibitory, and not
- merely directory, except where expressly made directory or
- permissory by its own terms.
-
-
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