South Carolina Law Review Volume 54 Issue 1 Article 7 Fall 2002 The Dawn of Religious Freedom in South Carolina: The Journey from Limited Tolerance to Constitutional Right James L. Underwood University of South Carolina Follow this and additional works at: https://scholarcommons.sc.edu/sclr Part of the Law Commons Recommended Citation James L. Underwood, The Dawn of Religious Freedom in South Carolina: The Journey from Limited Tolerance to Constitutional Right, 54 S. C. L. Rev. 111 (2002). This Article is brought to you by the Law Reviews and Journals at Scholar Commons. It has been accepted for inclusion in South Carolina Law Review by an authorized editor of Scholar Commons. For more information, please contact
[email protected]. Underwood: The Dawn of Religious Freedom in South Carolina: The Journey from THE DAWN OF RELIGIOUS FREEDOM IN SOUTH CAROLINA: THE JOURNEY FROM LIMITED TOLERANCE TO CONSTITUTIONAL RIGHT JAMES LOWELL UNDERWOOD* I. INTRODUCTION ......................................... 112 II. THE CHARTERS AND FUNDAMENTAL CONSTITUTIONS: A LIMITED GRANT OF TOLERANCE SERVES AS A M AGNET TO SETTLERS ................................... 113 III. THE ESTABLISHED CHURCH: CAUGHT IN A REGULATORY WEB .... 127 IV. RELIGIOUS QUALIFICATIONS FOR POLITICAL PARTICIPATION ...... 137 V. THE ESTABLISHMENT AND THE LORD'S DAY .................. 146 VI. THE LINGERING ILLNESS AND DEATH OF THE ESTABLISHED CHURCH ................................... 150 A. The Constitution of1778 Replaces the Anglican Establishment With a GeneralProtestant Establishment But With Intricate Regulations .......................... 150 B. Under the 1778 Constitution, Catholics and Jews Still Could Not Incorporate ............................ 163 * Thurmond Professor of Law, University of South Carolina; L.L.M., Yale University; J.D./B.A., Emory University.