Bill > HB5536

This bill, titled the "West Virginia Constitutional Authority Clarification Act," aims to redefine the balance of power among the state's branches of government regarding constitutional interpretation. It asserts that while the judiciary plays a role in identifying constitutional issues, it does not possess unchecked power over all constitutional matters, and that the legislative and executive branches share responsibility in determining constitutionality. Key provisions include that court decisions declaring a law unconstitutional will only bind the parties involved unless the Legislature adopts them, and such decisions will not automatically apply statewide. Furthermore, for a statute or action to be deemed unconstitutional by a state court, at least four justices of the Supreme Court of Appeals of West Virginia must agree, and lower court rulings declaring a law unconstitutional will be paused until the Supreme Court of Appeals makes a final decision, during which time the law remains in effect. The bill also establishes a process for the Legislature or the Governor to propose joint resolutions to override judicial decisions on constitutional issues, which would then require the Governor's signature to become effective.

Justice

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=5536&year=2026&sessiontype=RS&btype=bill