Affirming the sovereign right of the State of West Virginia to nullify un-Constitutional acts
Summary
House Concurrent Resolution 66 is a nonbinding legislative resolution asserting that West Virginia has a sovereign right to nullify federal actions it believes are unconstitutional. The resolution relies heavily on the U.S. Constitution, the West Virginia Constitution, the Tenth Amendment, the Kentucky and Virginia Resolutions, and quotations from Founding-era figures and Supreme Court cases to argue that the federal government has only enumerated powers and that states may resist federal overreach. It declares that unconstitutional federal acts are void and urges state officials to identify such acts and work with other states to prevent their enforcement.
The resolution also directs the House Clerk to send copies to federal leaders, West Virginia’s congressional delegation, the President, the Chief Justice, and the legislative leaders of other states, inviting them to join West Virginia and Louisiana in nullifying unconstitutional federal actions. Because it is a concurrent resolution, it does not amend the West Virginia Code or create a new regulatory program; instead, it expresses the Legislature’s position and attempts to influence intergovernmental relations and future state action.
Impact
HCR66 would not directly change statutory law, create penalties, or appropriate funds. Its legal effect is primarily declaratory and political: it states the Legislature’s view that the state may nullify unconstitutional federal acts and calls on the executive branch to identify and resist such acts, including coordination with other states. The resolution could influence how state officials frame federal-state disputes, but it does not itself alter federal supremacy doctrine, state administrative authority, or any existing West Virginia statute.
Sentiment
The available context shows no recorded committee debate or vote history, so there is no documented floor or committee sentiment beyond the text itself. The resolution’s language is strongly assertive and ideologically charged, indicating support for state sovereignty and resistance to federal authority. Its introduction by Delegates Ridenour and Butler suggests sponsorship by lawmakers aligned with that view, but the absence of transcripts or votes means broader legislative sentiment cannot be measured from the provided materials.
Contention
The main point of contention is the resolution’s claim that a state can “nullify” unconstitutional federal acts and that state officials may determine when federal action is void. That position conflicts with the mainstream constitutional understanding that federal courts, not individual states, have the final say on constitutionality, and that federal law is supreme when validly enacted. Supporters would likely emphasize the Tenth Amendment, state sovereignty, and anti-commandeering principles, while opponents would view the measure as legally inaccurate, symbolic at best, and potentially encouraging defiance of federal law. The resolution also takes a critical stance toward federal courts and executive action, which may further polarize views.
Expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, from the Department Revenue, State Budget Office, PEIA Rainy Day Fund
Making a supplementary appropriation to the Department of Human Services, Bureau for Medical Services – Policy and Programming and State Board of Education – State Department of Education
Proposes temporary constitutional amendment allowing State constitutional convention convened to reform system of property taxation to propose statutory changes.
Proposes temporary constitutional amendment allowing State constitutional convention convened to reform system of property taxation to propose statutory changes.
(Constitutional Amendment) Provides for the election of constitutional convention delegates and vote requirements necessary for the adoption of a new constitution (RR SEE FISC NOTE GF EX)
(Constitutional Amendment) Modifies disposition of certain state revenues through repeal of the Revenue Stabilization Trust Fund and deposits of certain revenue streams into the Budget Stabilization Fund (RRF INCREASE GF RV See Note)
(Constitutional Amendment) Provides relative to the application of state monies to the unfunded accrued liability of the Teachers' Retirement System of La. (EN DECREASE SD RV See Note)
Proposing An Amendment To Article Xvii, Section 3 Of The Hawaii Constitution To Specify That The Standard For Voter Approval Of A Constitutional Amendment Proposed By The Legislature Is A Majority Of All The Votes Tallied Upon The Question.