WEST virginia legislature

2021 regular session

Introduced

House Joint Resolution 24

By Delegate Howell

[Introduced March 3, 2021]

Proposing an amendment to the Constitution of the State of West Virginia by adding thereto a new section, designated section fifty-eight, article VI thereto, relating to excluding implied powers of authority.

Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:

That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the state at the next general election to be held in the year 2022, which proposed amendment is to add thereto a new section, designated section fifty-eight, article VI thereof, to read as follows:

Article VI. The Legislature.

§58. Excluding implied powers of authority.

No branch of government and no public official whether elected or appointed has any implied powers or authority. The only authority any official has is that power and authority which are specifically enumerated by the constitution or the Legislature. This amendment shall be interpreted at all times so as to benefit the individual citizen against the government. All case law, common law, and interpretive rules heretofore issued, passed, or adopted which contradict this amendment are hereby overturned, repealed, and shall be null and void. Any costs or fees incurred by citizens in asserting the protects of this amendment shall be paid by the government. Any government branch, agency, or official having been found to violate this provision shall be subject to civil and criminal prosecution as set forth in general law.

Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such amendment is hereby numbered “Amendment No. 1” and designated as the “Implied Powers of Authority Amendment” and the purpose of the proposed amendment is summarized as follows:  “To exclude implied powers of authority.”

NOTE: The purpose of this resolution is to exclude implied powers of authority.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.