HB 5533 West Virginia House of Delegates · 2026 Regular Session

West Virginia Federal Constitutional Authority Clarification Act

HB 5533, the West Virginia Federal Constitutional Authority Clarification Act, establishes a process for the state to review and potentially reject federal court decisions it deems unconstitutional or exceeding federal authority. The bill creates a Joint Committee on Constitutional Review to evaluate federal judicial rulings that conflict with West Virginia's state constitution or the U.S. Constitution's Tenth Amendment, which reserves powers to states. State officials would be required to follow this review process, and enforcing rejected federal rulings could face criminal penalties under the bill. It directly affects state government operations, including courts and executive agencies, by mandating state-level constitutional review of federal court decisions.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2026
Committee Review
Floor Vote
Governor
Introduced Feb 16, 2026 Last action Feb 16, 2026
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Total actions
4
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0
Committee
2
Feb 16, 2026
Committee
To House Judiciary
lower
Feb 16, 2026
Introduced
Introduced in House
lower
Feb 16, 2026
Committee
To Judiciary
lower
1 primary · 2 co-sponsors

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