West Virginia legislation · 2026 Regular Session
West Virginia HB5533: West Virginia Federal Constitutional Authority Clarification Act
Status: Introduced, February 16, 2026
What the bill says
To amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §51-13-1, §51-13-2, §51-13-3, §51-13-4, §51-13-5, §51-13-6, §51-13-7, §51-13-8, §51-13-9, §51-13-10, §51-13-11, and §51-13-12; to amend the code by adding a new article, designated §51-13A-1, §51-13A-2, §51-13A-3, and §51-13A-4; and to amend the code by adding a new section, designated §61-5-34, all relating to clarifying the constitutional authority of the State of West Virginia and limiting the effect of unconstitutional federal judicial dictates; establishing executive and legislative review pro.
From the introduced text, February 16, 2026:
A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §51-13-1, §51-13-2, §51-13-3, §51-13-4, §51-13-5, §51-13-6, §51-13-7, §51-13-8, §51-13-9, §51-13-10, §51-13-11, and §51-13-12; to amend the code by adding a new article, designated §51-13A-1, §51-13A-2, §51-13A-3, and §51-13A-4; and to amend the code by adding a new section, designated §61-5-34, all relating to clarifying the constitutional authority of the State of West Virginia and limiting the effect of unconstitutional federal judicial dictates; establishing executive and legislative review processes; creating the Joint Committee on Constitutional Review; linking constitutional review to legislative rule oversight; and creating criminal penalties for enforcement of nullified dictates. CHAPTER 51. COURTS AND THEIR OFFICERS. ARTICLE 13. STATE REVIEW AND EFFECT OF CERTAIN JUDICIAL DECISIONS. §51-13-1. Legislative findings and declarations of constitutional authority; interpretive standards. (a) Constitutional basis. The Legislature declares its authority to enact this article pursuant (2) Article VII, Section 5, which directs the Governor to "take care that the laws be faithfully executed"; (3) Article X, Section 1, which provides that "the powers of government reside in the people, and all free governments are founded on their authority and instituted for their benefit"; and (4) The Tenth Amendment to the Constitution of the United States, which reserves to the states and to the people all "...powers not …