South Carolina Constitution


The South Carolina Legislative Council is offering access to the unannotated South Carolina Constitution on the Internet as a service to the public. The unannotated South Carolina Constitution on the General Assembly's website is now updated through Acts 1 and 3 of the 2015 session. The unannotated South Carolina Constitution, consisting only of Constitution text, numbering, and history, may be copied from this website at the reader's expense and effort without need for permission.

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SECTION 1. Militia.

The militia of this State shall consist of all able-bodied male citizens of the State between the ages of eighteen and forty-five years, except such persons as are now or may be exempted by the laws of the United States or this State, or who from religious scruples may be adverse to bearing arms, and shall be organized, officered, armed, equipped and disciplined as the General Assembly may by law direct.

SECTION 2. When exempt from arrest.

The volunteer and militia forces shall (except for treason, felony and breach of the peace) be exempt from arrest by warrant or other process while in active service or attending muster or the election of officers, or while going to or returning from either of the same.

SECTION 3. Governor may call out.

The Governor shall have the power to call out the volunteer and militia forces, either or both, to execute the laws, repel invasions, suppress insurrections and preserve the public peace.

SECTION 4. Adjutant General; appointment.

There must be an Adjutant General. The position of Adjutant General is recognized as holding the rank of Major General, and the Adjutant General's duties and compensation must be prescribed by law. The Governor, by and with the advice and consent of the Senate, shall appoint staff officers as the General Assembly may direct.

Beginning upon the expiration of the term of the Adjutant General serving in office on the date of the ratification of the provisions of this paragraph, the Adjutant General must be appointed by the Governor, with the advice and consent of the Senate, in the manner provided in Section 7, Article VI.

HISTORY: 2015 Act No. 1 (S.8), Section 1.B, eff March 5, 2015.

SECTION 5. Confederate pensions.

The General Assembly is hereby empowered and required, at its first session after the adoption of this Constitution, to provide such proper and liberal legislation as will guarantee and secure an annual pension to every indigent or disabled Confederate soldier and sailor of this State and of the late Confederate States who are citizens of this State, and also to the indigent widows of Confederate soldiers and sailors.

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