HB 5536
West Virginia 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 Constitutional Authority Clarification Act, aims to clarify the roles and responsibilities of the three branches of West Virginia government – legislative, executive, and judicial – regarding constitutional interpretation. It establishes that the legislature retains the authority to review and potentially overrule judicial decisions, requiring a four-justice concurrence in the Supreme Court of Appeals to declare a law or action unconstitutional. The bill also outlines a process for the legislature to override judicial decisions and emphasizes that court decisions only bind the parties involved in a specific case unless adopted by the legislature as law.
Key provisions
- Requires a four-justice concurrence in the Supreme Court of Appeals to declare a law or action unconstitutional.
- Establishes a process for the legislature to override judicial decisions on constitutional issues.
- Limits the statewide effect of court decisions to those directly involved in a case.
- Lower court decisions declaring a statute unconstitutional are held in abeyance until the Supreme Court of Appeals issues a final decision.
- The legislature affirms its authority to review, modify, and overrule judicial decisions.
- Court decisions are binding only on the parties directly involved unless adopted by the legislature.
- The Governor must sign a resolution to override a judicial decision.
- If any part of the bill is found invalid, the rest of the bill remains in effect.
Who is affected
- Legislature
- Executive Branch (Governor)
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