West Virginia legislation · 2026 Regular Session
West Virginia HB5536: West Virginia 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 §51-12-1, §51-12-2, §51-12-3, §51-12-4, §51-12-5, and §51-12-6, relating to the West Virginia Constitutional Authority Clarification Act; making legislative findings; establishing the scope of judicial decisions; establishing that a decision of the Supreme Court of Appeals has effect when concurrence of four justices exists; holding lower court decision of unconstitutionality in abeyance until Supreme Court decision rendered; establishing a process for overriding a judicial decision; providing for.
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 §51-12-1, §51-12-2, §51-12-3, §51-12-4, §51-12-5, and §51-12-6, relating to the West Virginia Constitutional Authority Clarification Act; making legislative findings; establishing the scope of judicial decisions; establishing that a decision of the Supreme Court of Appeals has effect when concurrence of four justices exists; holding lower court decision of unconstitutionality in abeyance until Supreme Court decision rendered; establishing a process for overriding a judicial decision; providing for severability; and establishing an effective date. ARTICLE 12. LEGISLATIVE AUTHORITY OVER JUDICIAL REVIEW. §51-12-1. Short title. This article shall be known and may be cited as the "West Virginia Constitutional Authority Clarification Act." §51-12-2. Legislative findings and declarations. (a) The Legislature finds that Article VI Section 1 of the Constitution of West Virginia vests legislative power in the Legislature; and Article VII Section 5 vests chief executive power in the Governor; and both branches are subject only to limitations specified in the Constitution. (b) The Legislature further finds that the Constitution does not expressly vest in the judiciary an exclusive power to determine the Constitutionality of statutes, legislative acts, or executive branch actions. (c) The Legislature declares that judicial review is the important function of identifying Constitutional issues and problems, but is not an unchecked power …