South_Carolina_Constitution

South Carolina Constitution

The Constitution of the State of South Carolina is the governing document of U.S. State of South Carolina. It describes the structure and function of the state's government.

Controversy

Two sections of the South Carolina Constitution effectively establish a religious test that most constitutional lawyers believe to be unconstitutional under the United States Constitution. Most believe that Article Six of the United States Constitution bans such qualifications when it states, "no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States." These sections are:

Article VI, SECTION 2. Person denying existence of Supreme Being not to hold office.

No person who denies the existence of the Supreme Being shall hold any office under this Constitution.

Article XVII SECTION 4. Supreme Being.

No person who denies the existence of a Supreme Being shall hold any office under this Constitution.

The Tennessee State Constitution contains this clause in very similar wording in Section 2 of Article 9.

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