HOUSE CONCURRENT RESOLUTION 7

(By Delegates Holstein, Keaton, Paynter, Wamsley, Barnhart, Pritt, Hanna, and Longanacre)

[Introduced February 23, 2021]

Urging Congress to propose an amendment to the United States Constitution limiting the number of Justices of the Supreme Court of the United States to nine members.

Whereas, The Legislature is deeply concerned about the threats to expand the number of Justices of the Supreme Court of the United States beyond the current number of nine justices and, if carried out, the result of such an action will impair the administration of a fair and impartial justice system by the Supreme Court of the United States and will impact the protected freedoms and rights of West Virginia citizens and the citizens of all of the states of the United States, guaranteed by the United States Constitution; and

Whereas, The threat to increase the number of Justices on the Supreme Court of the United States beyond the current number of nine poses an abuse of authority that threatens our constitutional liberties, including those guaranteed by the Bill of Rights of our Constitution; and

Whereas The threat to “stack” the Supreme Court of the United States, with a sufficient number of justices beholden to the nominating magistrate of this country and with a judicial philosophy guaranteed to prevail on any issue or case before that Court, is repugnant to the principles upon which our Republic was founded; and

Whereas, This unwarranted expansion of the number of Justices on the Supreme Court of the United States will be extremely detrimental to the continuation of the expected and demanded exercise of justice for West Virginia and for the entire nation; and

Whereas, The threatened growth and abuse of the federal judiciary authority threatens our Constitutional liberties, including those guaranteed by the Bill of Rights; and

Whereas, An amendment to the United States Constitution does not require the President’s approval and cannot be waived by a future Congress and President; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby urges the United States Congress to propose and adopt an amendment to the United States Constitution limiting the number of Justices of the Supreme Court of the United States to nine members; and be it

Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this resolution to the representatives and senators elected by the citizens of West Virginia serving the citizens of West Virginia in the Congress of the United States in Washington, D.C.