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Bill

SB 17

State Sovereignty Act of 2026

2026 Regular Session

West Virginia bill asserts state power to nullify federal laws deemed unconstitutional, challenging federal supremacy and potentially triggering constitutional conflicts.

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Bill Summary · SB 17

Legislative bill overview

SB 17 would assert West Virginia's authority to nullify or reject federal laws and regulations the state deems unconstitutional or harmful to state interests. The bill establishes a state review process to evaluate federal mandates and claims state supremacy in certain policy areas. It reflects a broader "nullification" doctrine that challenges federal authority over state governance.

Why is this important

This bill directly challenges the constitutional framework established by the Supremacy Clause, which makes federal law the "supreme law of the land." If enacted and enforced, it could create legal conflicts with federal authority, potentially affecting everything from healthcare to environmental regulations to civil rights enforcement. Such measures test the limits of federalism and could trigger significant legal confrontations between state and federal governments.

Potential points of contention

  • Constitutional validity: Courts have consistently rejected nullification doctrine since the 1830s; this bill likely faces legal challenges as unconstitutional
  • Practical enforcement: Unclear how a state would practically enforce rejection of federal law without federal cooperation or how federal agencies would respond
  • Scope of "unconstitutional": The bill's definition of which laws the state can reject is vague, potentially allowing selective enforcement based on political preference rather than legal principle
  • Impact on federal funding: States that reject federal requirements often lose associated federal funding and face legal sanctions
  • Civil rights concerns: Such authority could allow states to circumvent federal civil rights protections and anti-discrimination laws

Compiled from official sources — confirm details with the bill’s official record.

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