Commentary Irregularities in the 2020 presidential election left the winner in doubt in six states. In that situation, federal law (3 U.S.C. § 2) explicitly invites the state legislature to arrange for appointment of their state’s presidential electors. All six contested states were certified for the Democratic ticket. In five of those states, the legislative assemblies were controlled by Republicans. Yet none acted. Most even failed to investigate. Surprise? No. A pattern of state legislative abdication has prevailed for more than a century. Here’s the history: Under the original Constitution, the state legislatures elected U.S. senators. During the period 1899–1912, state legislatures urged Congress to propose a constitutional amendment depriving them of that power. When Congress failed to act, state lawmakers promoted a convention to propose such an amendment—the closest America has ever been to an amendments convention. Congress responded with the 17th amendment and state legislatures ratified it in …