Category: News

A group of Travelers Rest citizens are alleging constitutional violations by the Greenville County Council. The claims include that the county council has used technical loopholes to violate the state constitution by adopting a bi-annual budget rather than the required annual budget. Other claims involve council members holding closed-door meetings, violating South Carolina’s open meetings law under the Freedom of Information Act (FOIA). “One of the main focuses of this lawsuit and a lot of others like it, is it requires our public officials to follow the law. We have good laws. The problem is, our public officials are not as faithful and diligent as they should be with following the laws,” said SCPIF’s principal attorney, Jim Carpenter. What's the violation? The state constitution requires that the county adopt a budget every year, but Greenville County has been budgeting bi-annually for approximately ten years. “They have no idea in the next fiscal year whether their revenue is what they projected and what...

Constitutional Context On September 14, 1787, in the closing hours of the Constitutional Convention in Philadelphia, Ben Franklin proposed Congress be granted "a power to provide for cutting canals where deemed necessary." Connecticut’s Roger Sherman objected, noting “The expense in such cases will fall on the United States, and the benefit accrue to the places where the canals may be cut.” Sherman’s objection reflected a concern with the potential abuse when responsibility is offloaded to a distant authority. The phenomenon whereby somebody else or some other entity absorbs the risk or cost of another’s behavior is referred to as “moral hazard.” Seeing Sherman’s logic, delegates from South Carolina voted with those from seven other states to reject Franklin’s proposal. By an 8-3 vote, the Framers made clear Congress would have no power to fund canals. Reflecting a similar concern over moral hazard, South Carolina’s Constitution wisely prohibits the use of general obligation bonds to fund infrastructure projects unless a special taxing district is created specifically for...