West Virginia 2026 Regular Session

West Virginia House Bill HCR12

Introduced
1/20/26  

Caption

Constitutional Amendment establishing the United States Supreme Court as 9 Justices

Impact

If enacted, HCR12 represents a significant assertion of state power in influencing federal constitutional processes. By asking Congress to convene a Convention of States, the resolution aims to ensure that the composition of the Supreme Court is constitutionally fixed. Proponents argue that this could prevent actions that might expand or contract the number of justices, fostering a judicial environment based on established precedent. The resolution exemplifies an effort to clarify the judiciary's role within the government framework and respond to concerns over recent dynamics concerning the Court's composition.

Summary

House Concurrent Resolution 12 (HCR12) is a legislative proposal initiated by multiple delegates calling for Congress to convene a Convention of States to propose a constitutional amendment. The amendment seeks to establish the United States Supreme Court with a fixed number of nine justices. The resolution underscores the legislative authority of states under Article V of the U.S. Constitution, which allows for states to request such amendments and for Congress to act upon these requests. The focus on a specific number of justices emphasizes a call for clarity and stability within the structure of the judiciary.

Sentiment

The sentiment surrounding HCR12 appears to be mixed, highlighting support particularly among legislators who value state influence over federal judicial matters. Supporters assert that a fixed number of justices will help safeguard judicial integrity and prevent politicization of the Court. Conversely, critics may view this resolution as unnecessary or as a means to exert political pressure on the Court's composition, potentially leading to a slippery slope of further amendments that could undermine judicial independence.

Contention

Notable points of contention regarding HCR12 include concerns about the implications of allowing states to initiate a Convention of States process. Critics fear that this could open the door for broader amendments that might alter critical constitutional protections. The resolution does not clarify what other amendments could be proposed, leading to apprehension about the potential erosion of rights and the authority of the judiciary. As such, the discussion around HCR12 is likely to evoke nuanced debates about the balance of power between state and federal authorities, especially in the context of constitutional interpretation.

Companion Bills

No companion bills found.

Previously Filed As

WV HCR16

To request Congress to pass a proposal to amend the United States Constitution to establish 9 as the number of Supreme Court Justices

WV HCR102

Urging Congress call a convention of the states, under the authority reserved to the states in Article V of the United States Constitution, limited to proposing Amendments to the Constitution of the United States to create fiscal responsibility by and within the federal government.

WV HB3463

To move the election of Supreme Court Justices to the general election

WV HCR74

To repeal the 17th amendment to the U.S. Constitution

WV HCR75

To repeal the 16th amendment to the U.S. Constitution

WV HCR73

To require that all United States Congressional Representatives, United States Senators, federal judges, and cabinet secretaries be natural born United States citizens.

WV HB3273

Recognizing authority of Supreme Court of Appeals to recall senior judges and justices in specified circumstances

WV HCR48

Resolution for Convention of States on Federal Fiscal Responsibility Amendment

WV HCR66

Affirming the sovereign right of the State of West Virginia to nullify un-Constitutional acts

WV HB2872

Give a 10-day right to appeal to the Supreme Court of Appeals a Secretary of State decision to not certify a candidacy.

Similar Bills

No similar bills found.