HB 5536 West Virginia House of Delegates · 2026 Regular Session

West Virginia Constitutional Authority Clarification Act

HB 5536, the West Virginia Constitutional Authority Clarification Act, clarifies that court rulings declaring a law unconstitutional apply only to the parties involved in that specific case, not automatically to the entire state. It requires the West Virginia Supreme Court to have at least four justices agree before declaring a law unconstitutional and pauses lower court rulings on such issues until the Supreme Court acts. The bill also establishes a process where the Legislature and Governor can jointly override judicial decisions on constitutional matters through a signed resolution. This directly affects how state courts interpret laws and reshapes the balance of power between West Virginia's legislative, executive, and judicial branches.
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
Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
4
Key actions
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

Sponsors