West Virginia House Bill HCR57

West Virginia 2022 Regular Session

• Introduced: 2/10/22
• Refer: 2/10/22

Caption

To provide an Article 5 convention in order to propose an amendment to the US Constitution where 3/5 of the states could overturn a federal law.

Impact

If enacted, HCR57 would initiate a process whereby states could collectively propose amendments limiting federal authority. This could potentially alter the balance of power between state and federal governments, offering states more leverage in deciding which federal laws to uphold. Such amendments could include provisions to allow states to modify or nullify federal laws based on a majority agreement among state legislatures. The implications of this bill suggest significant shifts in how state and federal laws interact, particularly in areas where federal laws are viewed as overreaching. The resolution emphasizes ongoing concerns regarding unfunded federal mandates that require states to implement policies without providing adequate financial resources.

Summary

House Concurrent Resolution 57 (HCR57) is a legislative measure from West Virginia that seeks to apply to the U.S. Congress for a convention to propose amendments to the U.S. Constitution. The intent of HCR57 is to empower state legislatures to override federal laws deemed excessively burdensome or restrictive, thereby reestablishing a greater degree of state autonomy over federal mandates. The resolution argues that current federal structures have diminished the responsiveness of government to citizens by concentrating power at the federal level, leading to decisions that may not reflect local interests or needs. Supporters of HCR57 contend that state-level governance is more attuned to the desires of its citizens compared to bureaucratic federal decision-making.

Sentiment

The sentiment regarding HCR57 appears divided among legislators and constituents. Proponents view the resolution as an essential step toward restoring state rights and protecting local governance from federal overreach, often expressing frustration over decisions made at higher levels that disregard local contexts. Conversely, critics express concern that such a resolution could lead to chaos, where varied laws across states may undermine national cohesion and standardized policy. It raises fundamental questions regarding the appropriateness of federal oversight versus the imperative for local control, evoking a classic debate in American political discourse about states' rights.

Contention

Noteworthy points of contention surrounding HCR57 primarily involve the controversial nature of calling a convention under Article V of the Constitution. Many observers worry about the potential risks characterized by a 'runaway convention' that could propose unforeseen amendments. Furthermore, the exclusion of any changes to the Bill of Rights from consideration in this convention raises questions about the rights of citizens and the potential risks to established protections. The debate reflects a broader anxiety within the legislative body concerning who should hold power over critical government functions, emphasizing the fear of compromising foundational liberties in pursuit of state autonomy.