HB 5533
West Virginia Federal Constitutional Authority Clarification Act
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill, the West Virginia Federal Constitutional Authority Clarification Act, aims to strengthen West Virginia’s constitutional authority and limit the effect of what the legislature deems unconstitutional federal judicial decisions. It establishes a process for the state to review and potentially ‘nullify’ such dictates, creating a Joint Committee on Constitutional Review and linking it to legislative rule oversight. Furthermore, the bill introduces criminal penalties for enforcing decisions that have been formally declared invalid by the state.
Key provisions
- Establishes a Joint Committee on Constitutional Review to analyze and recommend legislative action regarding federal judicial decisions.
- Defines a process for the state to ‘nullify’ federal judicial decisions deemed unconstitutional or exceeding jurisdictional limits.
- Requires executive and legislative review of suspect federal judicial decisions.
- Creates criminal penalties for knowingly enforcing a federal judicial decision that has been formally nullified by the state.
- Links the constitutional review process to legislative rule-making oversight through the Legislative Rule-Making Review Committee.
- Specifies interpretive standards for constitutional validity, referencing the text, structure, and original public meaning of the constitutions.
- Defines key terms such as ‘constitutional validity,’ ‘demonstrably wrong,’ and ‘dictate’ for clarity.
- Outlines procedures for notifying relevant parties of nullified judicial dictates.
Who is affected
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