It passed the house with 357–66 and senate with 98–1. That's well passed the required two thirds for passing an amendment if they wanted to.

I'm as critical as anyone, but GP's point stands.

Amendments need more than Congressional approval

It was passed in 2001, surely there has been adequate time for parties to get a case to the Supreme Court and get it ruled as such.

Especially with how quickly some of the Trump EOs have been turned down.

It's very difficult to challenge because the secret nature of it.

In order to sue, you have to prove standing and in order to have standing, you have to know you were harmed. It's hard to prove you were harmed if everything is top secret.