The West Virginia Legislature gaveled in on Wednesday, February 12, 2025 to begin the first session of the 87th Legislative Session. There are lots of new faces in both wings of the golden dome, with 117 members being up for election or re-election. Additionally, all of the constitutional officers were as well, including the Governor.
West Virginia, much like the federal government, operates under a system of three co-equal branches. These are the Legislative, Executive, and Judicial branches. This structure, established by the state constitution, is designed to ensure that power is not concentrated in any single branch. While each has distinct responsibilities, they must work together to govern effectively. However, tensions often arise as the branches assert their authority, making it important for West Virginians to understand how their government functions and why this balance matters.
It will be interesting to see how at least two of the branches work together.
The West Virginia Legislature is responsible for crafting state laws and overseeing the budget. It is a bicameral body, consisting of the House of Delegates and the state Senate. The House of Delegates has 100 members, who serve two-year terms, while the Senate has 34 members, who serve four-year terms. This structure ensures representation across the state, with delegates being closer to the people to respond more immediately to voter concerns and senators providing longer-term stability.
The Legislature meets each year for a 60-day session, typically beginning on the second Wednesday in January. During session, lawmakers propose, amend, debate, and vote on bills that shape the daily lives of West Virginians. They determine funding for schools, infrastructure, and public services. Beyond lawmaking, the Legislature holds significant oversight powers, including the ability to investigate government agencies and impeach officials, if necessary. In gubernatorial election years, the legislature gavels in on the second Wednesday of January. All 134 members take the oath of office, and then they complete the procedural business and adjourn until the second Wednesday in February.
West Virginia’s system of government is designed to prevent any one branch from becoming too powerful, and if we have ever had a conversation, you know I believe our founding fathers were brilliant.
The Executive Branch, led by the Governor, is responsible for enforcing state laws and managing government operations. The governor serves a four-year term and can be re-elected once consecutively. West Virginia’s current governor, former state Attorney General Patrick Morrisey, has been working since he was sworn-in on January 20 on cabinet appointments, his State of the State address (delivered last Wednesday evening), and the budget he presented to the legislature Thursday morning.
The Governor has significant powers, including signing or vetoing bills passed by the Legislature, preparing the state budget, and appointing officials to various state agencies. The Governor also commands the West Virginia National Guard and plays a crucial role in emergency management.
However, the governor’s power is not absolute. The Legislature can override vetoes with a simple majority, and executive decisions are often challenged in court. This push and pull between the branches has been evident with the past administration, particularly in debates over pandemic-related policies and state spending. It appears in the first three days of this legislative session, there is also some flexing occurring between the branches. I would say this is a normal course with any individuals in new roles, with everyone posturing to determine where others are on a variety of issues.
The Judicial Branch ensures that West Virginia’s laws comply with the state and federal constitutions. At the top of the state’s judicial system is the West Virginia Supreme Court of Appeals, the highest court in the state. Below the Supreme Court are the intermediate court, circuit courts, magistrate courts, and family courts, which handle a variety of cases.
West Virginia’s Supreme Court justices are elected by voters to 12-year terms. This system allows the citizens to have a say in the judiciary. The judiciary has a crucial role in checking the other branches. Courts can strike down laws that violate constitutional rights and rule on disputes between the Executive and Legislative branches. In recent years, West Virginia’s courts have weighed in on high-profile cases involving education policy, redistricting, and election laws.
While each branch has its own responsibilities, they, at times, clash over authority, particularly the executive and the legislative. The courts often serve as the referee when these disputes arise. An example of this friction occurred during the COVID-19 pandemic, when Governor Justice issued executive orders affecting businesses and public gatherings. Some legislators argued he had overstepped his authority, while others defended the need for quick action. Legal challenges eventually made their way through the courts, showcasing the checks and balances in action.
Despite the conflicts, the branches must also cooperate to keep the state running smoothly. For example, the Governor and Legislature must agree on a budget each year. Courts rely on legislative funding to operate effectively, even though the judicial prepares its own budget. In times of crisis such as flooding or economic downturn collaboration becomes even more critical.
West Virginia’s system of government is designed to prevent any one branch from becoming too powerful, and if we have ever had a conversation, you know I believe our founding fathers were brilliant. When functioning properly, this structure protects citizens’ rights, ensures fair governance, and maintains stability.
However, an informed public is essential to making this system work.
West Virginians have the power to influence all three branches. They elect legislators, the governor, and all of the judges. They can contact their delegates and senators, serve on juries, and vote in ballot initiatives. When government oversteps, citizens can challenge policies through legal action.
We need to be an educated electorate. No crown is placed on anyone’s head when they are elected. They are accountable to you. It is imperative the people understand how these branches interact, and the voters hold officials accountable. Will they be with you all the time on every issue? No way.
Facts change, circumstances change. The information that is presented can change. Minds and votes can change. However, they must still be willing to have the difficult conversations and represent the people. Civic engagement is important not just during elections but year-round.
The three co-equal branches of government in West Virginia Legislative, Executive, and Judicial each serve distinct but interconnected roles. Their system of checks and balances ensures no single entity controls the state’s direction unchecked.
While tensions between them are inevitable, they are also necessary to maintain a functioning democracy.
As West Virginians, we must stay informed about how our government operates, pay attention to the actions of our elected officials, and participate in the democratic process. By doing so, we help preserve the principles of balance, fairness, and accountability that define our state’s governance.
