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Opinion

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
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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.
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Rob Natelson
Rob Natelson
Author
Robert G. Natelson, a former constitutional law professor, is Senior Fellow in Constitutional Jurisprudence at the Mountain States Policy Center and the Independence Institute. He authored “The Original Constitution” (4th ed., 2025) and is a contributor to the Heritage Foundation’s “Heritage Guide to the Constitution.”
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