West Virginia Constitution Article VI. The Legislature
West Virginia Constitution – Article VI: The Legislature
Overview:
Article VI of the West Virginia Constitution establishes the Legislative Branch of the state government. It outlines the structure, powers, duties, and limitations of the West Virginia Legislature, which consists of two chambers: the Senate and the House of Delegates.
🔹 Key Sections and Provisions:
§1 – Legislative Power
All legislative powers are vested in a bicameral Legislature, composed of the Senate and House of Delegates.
§2 – Sessions of the Legislature
Regular sessions are held annually.
The Governor may call extraordinary (special) sessions.
§3 – Composition of the Senate
The Senate consists of an elected number of members (currently 34).
Senators serve four-year terms, staggered so that half are elected every two years.
§4 – Composition of the House of Delegates
The House is larger than the Senate and members serve two-year terms.
§6 – Qualifications of Legislators
Legislators must be U.S. citizens, qualified voters in their district, and meet age/residency requirements:
Senators: at least 25 years old.
Delegates: at least 18 years old.
§8 – Legislative Privileges
Legislators are privileged from arrest during sessions, except for treason, felony, or breach of the peace.
They are not liable for statements made in legislative debate.
§15 – Prohibited Legislation
The Legislature cannot pass local or special laws in certain areas (e.g., divorce, changing names, regulating county affairs).
§18 – Style of Laws
Laws must begin with: “Be it enacted by the Legislature of West Virginia.”
§23 – Impeachment
The House has the sole power to impeach, while the Senate tries impeachments.
Impeachment requires a two-thirds vote in the Senate.
🔹 Important Powers of the Legislature:
Enacting state laws.
Levying taxes and appropriating funds.
Oversight of the executive and judicial branches.
Confirming gubernatorial appointments (Senate).
Redistricting legislative boundaries.
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