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State Legislatures Are Central to Our Constitutional System—So Why Didn’t They Act to Resolve the 2020 Election?

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State Legislatures Are Central to Our Constitutional System—So Why Didn’t They Act to Resolve the 2020 Election?
A copy of the U.S. Constitution during a House hearing on Dec. 17, 2019. Andrew Harnik/Pool/Getty Images
Rob Natelson
Updated:
Commentary
Irregularities in the 2020 presidential election left the winner in doubt in six states. In that situation, federal law (3 U.S.C. Section 2) explicitly invites the state legislature to arrange for appointment of their state’s presidential electors.
Rob Natelson
Rob Natelson
Author
Robert G. Natelson, a former constitutional law professor who is senior fellow in constitutional jurisprudence at the Independence Institute in Denver, authored “The Original Constitution: What It Actually Said and Meant” (3rd ed., 2015). He is a contributor to The Heritage Foundation’s “Heritage Guide to the Constitution.”
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