How Congress Can Alter Constitutional Law

Congress can propose an amendment to the Constitution, but it requires a two-thirds majority vote in both the House of Representatives and the Senate. The President does not have a role in the amendment process. The chance of any constitutional amendment being repealed is very slim. Only one amendment, the 18th Amendment that established Prohibition, was later repealed by the states.

The President does not have a constitutional role in the amendment process

Congress can change a constitutional law, but the President does not have a constitutional role in the amendment process. An amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the State legislatures. The Congress proposes an amendment in the form of a joint resolution, which does not go to the White House for signature or approval. The original document is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication.

The Southern District Court of New York has ruled that the President cannot change the Constitution by executive order. Walter Dellinger, who was assistant attorney general in the Clinton administration, told Congress in 1995 that:

> Congress is free to propose, and the states to ratify, any amendment to the Constitution. Such naked power undeniably exists.

However, Dellinger also acknowledged that the Constitution stands for certain enduring principles.

The chance of any constitutional amendment being repealed is very low

Through 2016, the Senate historian estimates that approximately 11,699 amendment changes have been proposed in Congress. Only one amendment, the 18th Amendment that established Prohibition, was later repealed by the states. In simple odds, the chance of any constitutional amendment being repealed would be roughly the same as a person living to 80 years old being struck by lightning during their lifetime, according to National Weather Service data.

Congress is free to propose, and the states to ratify, any amendment to the Constitution. However, the Constitution stands for certain enduring principles, as Walter Dellinger, who was assistant attorney general in the Clinton administration, told Congress in 1995.

A behind-the-scenes legal effort to force Congress to call a convention to amend the Constitution could end up helping President Donald Trump in his push to expand presidential power. While the convention effort is focused on the national debt, legal experts say it could open the door to other changes, such as limiting who can be a U.S. citizen, allowing the president to overrule Congress’ spending decisions or even making it legal for Trump to run for a third term.

Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate

Congress can propose an amendment to the Constitution with a two-thirds majority vote in both the House of Representatives and the Senate. This is known as a joint resolution and does not require the President's signature or approval. The original document is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication.

Through 2016, the Senate historian estimates that approximately 11,699 amendment changes have been proposed in Congress. However, only one amendment, the 18th Amendment that established Prohibition, was later repealed by the states.

While Congress is free to propose amendments, the Constitution stands for certain enduring principles. For example, the Southern District Court of New York ruled that the case challenging ICE's unlawful detention of Mahmoud Khalil, a recent Columbia graduate student and lawful permanent resident, should be transferred to New Jersey rather than Louisiana as the Trump administration had sought.

Congress can call a convention to amend the Constitution

The Constitution provides that an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This is a joint resolution that does not go to the White House for signature or approval. Instead, the original document is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication.

Congress is free to propose, and the states to ratify, any amendment to the Constitution. However, the process of changing the actual words of the Constitution or repealing an amendment is challenging. Through 2016, the Senate historian estimates that approximately 11,699 amendment changes have been proposed in Congress. Only one amendment, the 18th Amendment that established Prohibition, was later repealed by the states.

A convention to amend the Constitution could be called for by two-thirds of the State legislatures. This would open the door to other changes, such as limiting who can be a U.S. citizen, allowing the president to overrule Congress' spending decisions, or even making it legal for a president to run for a third term.

The Southern District Court of New York ruled that ICE unlawfully detained Mahmoud Khalil

Congress can propose an amendment to the Constitution with a two-thirds majority vote in both the House of Representatives and the Senate. However, the chance of any constitutional amendment being repealed is extremely low.

In a case challenging ICE's unlawful detention of Mahmoud Khalil, a recent Columbia graduate student and lawful permanent resident, the Southern District Court of New York ruled that the case should be transferred to New Jersey. The Trump administration had sought to transfer the case to Louisiana. The judge also reaffirmed a previous ruling that blocked Mr Khalil's deportation in the absence of a court order. The case, *Khalil v Trump*, was brought by Khalil's legal team, who filed an amended habeas petition and complaint with the federal court in the Southern District of New York, challenging his detention by ICE. The Trump administration illegally arrested and detained Khalil in direct retaliation for his advocacy in support of Palestinian rights. Secretary of State Marco Rubio invoked a rarely-used provision of the Immigration and Nationality Act, which states that the government may deport people if there are "reasonable grounds" to believe their presence in the country "would have potentially serious adverse foreign policy consequences for the United States".

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