Sens. Orrin HatchOrrin Grant HatchGOP lambasts Trump over performance in Helsinki Senate panel to vote Thursday on Trump's pick to lead IRS Romney: Trump's remarks at Putin summit 'disgraceful and detrimental to democratic principles' MORE (R-Utah) and Max BaucusMax Sieben BaucusJudge boots Green Party from Montana ballot in boost to Tester Clients’ Cohen ties become PR liability Green Party puts Dem seat at risk in Montana MORE (D-Mont.), the ranking member and chairman of the Senate Finance Committee, respectively, on Tuesday introduced an amendment to the Constitution that would allow Congress to pass laws preventing the physical desecration of the American flag. Tuesday was Flag Day.

The two senators have introduced this legislation in the past, and believe that an amendment is needed in order to give Congress the right to protect the flag. Hatch explained on Tuesday that under a 1990 Supreme Court ruling, burning or destroying the flag is protected speech, and that any law against these actions is unconstitutional.

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"I believe the court was wrong in that conclusion, but because the court claimed to speak for the Constitution, the only way for Congress once again to have authority to protect the flag is by amending the Constitution," Hatch said.

Hatch said the amendment is a single-sentence addition to the Constitution: "The Congress shall have power to prohibit the physical desecration of the flag of the United States." He also stressed that this addition alone would not immediately prohibit flag desecration, but gives Congress the option of passing legislation on this matter.

"In fact, should Congress propose and the states ratify this amendment, it might not result in any change in the law at all," Hatch said. "That would be up to Congress and the people we represent to decide."

To amend the Constitution, the measure would have to pass the House and the Senate by a two-thirds majority, and then have to be ratified by three-fourths of the states, or at least 37 states.

Other co-sponsors to the bill are Sens. John BarrassoJohn Anthony BarrassoOvernight Energy: Koch backs bill opposing carbon taxes | Lawmakers look to Interior budget to block offshore drilling | EPA defends FOIA process Overnight Energy: House to vote on anti-carbon tax measure | Dem says EPA obstructed 'politically charged' FOIA requests | GOP looks to overhaul endangered species law Western lawmakers introduce bills to amend Endangered Species Act MORE (R-Wyo.), Chuck GrassleyCharles (Chuck) Ernest GrassleySenate GOP poised to break record on Trump's court picks This week: GOP mulls vote on ‘abolish ICE’ legislation Kavanaugh paper chase heats up MORE (R-Iowa), James InhofeJames (Jim) Mountain InhofeNew EPA chief draws sharp contrast to Pruitt Senate takes symbolic shot at Trump tariffs Senate moves to start negotiations on defense policy bill MORE (R-Okla.), Dick Lugar (R-Ind.) and David VitterDavid Bruce VitterSenate panel advances Trump nominee who wouldn't say if Brown v. Board of Education was decided correctly Planned Parenthood targets judicial nominee over abortion comments Trump nominates wife of ex-Louisiana senator to be federal judge MORE (R-La.).