South Carolina Constitution Article XII - Functions of Government

South Carolina Constitution – Article XII: Functions of Government

Article XII of the South Carolina Constitution is titled "Functions of Government." It outlines the responsibilities and duties of the state government in providing essential public services and protections to its citizens.

🔹 Summary of Key Sections in Article XII:

Section 1: Duties of the State

This section provides a broad mandate for the state to carry out core governmental functions:

“The health, welfare, and safety of the lives and property of the people of this State and the conservation of its natural resources are matters of public concern. The General Assembly shall provide for appropriate agencies to function in these areas of public concern.”

Key points:

Declares public health, safety, welfare, and environmental conservation as essential concerns of state government.

The General Assembly is responsible for creating agencies and policies to address these concerns.

It gives constitutional legitimacy to a wide range of state government activities, such as:

Public health services

Law enforcement

Environmental regulation

Social services and public safety programs

Section 2: Continuity of Government

“The General Assembly, in order to ensure continuity of State and local governmental operations in periods of emergency resulting from disasters caused by enemy attack, shall have the power and the immediate duty to provide by law for prompt and temporary succession to the powers and duties of public offices.”

Key points:

Grants the General Assembly authority to ensure continuity of government during emergencies, such as war or major disasters.

Laws must be created to provide temporary replacements or successors for public officials if needed.

Supports emergency planning and preparedness efforts to maintain government operations.

Purpose of Article XII

Establishes constitutional authority for South Carolina’s involvement in:

Public safety

Emergency management

Public health and welfare services

Environmental stewardship

Empowers the General Assembly to act flexibly in emergencies and to structure state agencies accordingly.

 

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