West Virginia Constitution Article V. Division of Powers
West Virginia Constitution – Article V: Division of Powers
Summary:
Article V of the West Virginia Constitution establishes the separation of powers among the three branches of government: the Legislative, Executive, and Judicial departments. It affirms the foundational principle that no branch shall exercise powers properly belonging to another.
Full Text of Article V – Division of Powers:
"The legislative, executive and judicial departments shall be separate and distinct, so that neither shall exercise the powers properly belonging to either of the others; nor shall any person exercise the powers of more than one of them at the same time, except that justices of the peace shall be eligible to the Legislature."
Key Points:
Separation of Powers: Clearly defines that the three branches must remain separate and independent in their functions.
No Dual Office-Holding (with exception): No person is allowed to hold power in more than one branch at the same time, except justices of the peace, who may also serve in the Legislature.
Purpose: This structure is designed to prevent abuse of power, maintain checks and balances, and uphold constitutional governance.
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