Affirming Fundamental Constitutional Rights

2025-2026 Bill 859: Affirming Fundamental Constitutional Rights - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
Download
This Bill
in Microsoft Word Format
Indicates Matter Stricken
Indicates New Matter
S. 859
STATUS INFORMATION
Concurrent Resolution
Sponsors: Senator Matthews
Document Path: SMIN-0113MW-MW26.docx
Introduced in the Senate on January 28, 2026
Currently residing in the Senate Committee on
Judiciary
Summary: Affirming Fundamental Constitutional Rights
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

1/28/2026

Senate

Introduced (
Senate Journal-page 8
)

1/28/2026

Senate

Referred to Committee on
Judiciary
(
Senate Journal-page 8
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
01/28/2026

A concurrent RESOLUTION

TO REAFFIRM THE CONSTITUTIONAL RIGHT OF THE PEOPLE
TO PEACEABLY ASSEMBLE AND TO KEEP AND BEAR ARMS, TO RECOGNIZE THESE RIGHTS AS
FOUNDATIONAL TO A FREE SOCIETY, AND TO CALL FOR THEIR RESPECT AND PROTECTION BY
ALL LEVELS OF GOVERNMENT.

W
hereas, the
Constitution of the United States was established by the people to secure the
blessings of liberty, establish justice, ensure domestic tranquility, and
preserve a system of self-governance grounded in the consent of the governed;
and

W
hereas, the
Constitution declares and protects fundamental rights that preexist government
and are essential to liberty, democratic accountability, and the rule of law;
and

W
hereas, the First
Amendment to the Constitution of the United States guarantees the right of the
people to freedom of speech, freedom of expression, the right to peaceably
assemble, and the right to petition the government for a redress of grievances;
and

W
hereas, these First
Amendment protections safeguard the ability of the people to criticize
government action, express dissenting or unpopular views, engage in lawful
protest and demonstration, and participate meaningfully in civic life without
fear of retaliation, suppression, or viewpoint-based discrimination; and

W
hereas, the
preservation of First Amendment freedoms requires that laws and policies
governing public order be enforced in a content neutral and evenhanded manner,
consistent with due process and equal application of the law; and

W
hereas, the Second
Amendment to the Constitution of the United States affirms that the right of
the people to keep and bear arms shall not be infringed, recognizing an
individual right central to personal liberty and self-defense; and

W
hereas, the right to
keep and bear arms has historically been understood as a safeguard of
individual security, the protection of family and home, and the preservation of
a free society; and

W
hereas, the right to
keep and bear arms is a declared constitutional right that does not depend upon
government permission and may not be diminished through arbitrary,
discriminatory, or inconsistent application of laws or policies; and

W
hereas, constitutional
rights secured by the First and Second Amendments are not mutually exclusive
and must be respected and protected concurrently through consistent, lawful,
and nondiscriminatory government action; and

W
hereas, the erosion,
selective enforcement, or unequal application of constitutional rights, whether
through policy, practice, or enforcement decisions, undermines public trust and
weakens democratic institutions; and

W
hereas, it is the
intent of the General Assembly that the constitutional rights reaffirmed herein
serve as guiding principles for legislation, rulemaking, enforcement practices,
and executive action within the State of South Carolina; and

W
hereas, the General
Assembly has an ongoing duty to uphold the Constitution of the United States
and to reaffirm the rights guaranteed to all people regardless of viewpoint,
background, or political affiliation. Now, therefore,

Be it resolved by the Senate, the House of
Representatives concurring:

Be it further resolved that the members of the
South Carolina General Assembly reaffirm that the rights guaranteed by the
First and Second Amendments to the Constitution of the United States are
fundamental, preexisting rights that shall not be diminished through selective
enforcement, viewpoint discrimination, prior restraint, or unequal application
of the law.

Be it further resolved that the members of the
South Carolina General Assembly reaffirm the First Amendment right of the
people to peaceably assemble, to petition the government for a redress of
grievances, and to engage in lawful protest, demonstration, speech, and public
expression, including expression that is unpopular, critical of government, or
dissenting in nature, without undue interference, retaliation, or suppression
by governmental authority.

Be it further resolved that the members of the
South Carolina General Assembly further recognize that the protection of First
Amendment rights requires content neutral enforcement of laws, the avoidance of
viewpoint-based restrictions, and the preservation of public forums for lawful
civic engagement consistent with constitutional standards.

Be it further resolved that the members of the
South Carolina General Assembly reaffirm the Second Amendment right of law-abiding
individuals to keep and bear arms, as recognized by the Constitution of the
United States, including the right to possess firearms for lawful purposes such
as self-defense, protection of family and home, and other lawful activities.

Be it further resolved that the members of the
South Carolina General Assembly recognize that the right to keep and bear arms
is an individual constitutional right that shall not be impaired through
arbitrary, discriminatory, or inconsistent enforcement of laws or policies.

Be it further resolved that the members of the
South Carolina General Assembly recognize that the constitutional rights
reaffirmed by this resolution are not mutually exclusive and must be respected
concurrently and applied uniformly, without favoritism or discrimination.

Be it further resolved that the members of the
South Carolina General Assembly affirm that these constitutional protections
serve as guiding principles for legislative deliberation, oversight, and the
development of public policy within the State of South Carolina and the United
States of America.

Be it further resolved that the members of the
South Carolina General Assembly commit to continued vigilance in upholding the
Constitution of the United States and protecting the rights reaffirmed herein
for present and future generations.

Be it further resolved that the Senate calls upon
all federal, state, and local governmental entities and law enforcement
agencies to respect and uphold these constitutional protections in policy,
practice, and enforcement.

Be it further resolved that a copy of this
resolution be forwarded to the Governor and to all other appropriate agencies.

----XX---

This web page was last updated on January 28, 2026 at 1:54 PM