Legal Question in Constitutional Law in Virginia

Re: Could Demo House + Senate restore habeas corpus?

Your assertion that the right of habeas corpus has been removed in the U.S. could not be more wrong. The Act to which you refer applies only to terrorists under U.S. detention who have been designated "enemy combatants" and, therefore, perhaps, subject to be tried by military commissions.

Ordinary citizens(or even non-citizens) of the United States who are being held in prison still have the right to file habeas petitions to have a court review, if appropriate) the particular causes of their imprisonment.

Re: Could Demo House + Senate restore habeas corpus?

You have overstated the problem substantially. The new limitations on habeas corpus apply only to those designated as enemy combatants and not to those charged with more traditional crimes. I agree that even this limited erosion of habeas is a problem (partly because it gives the executive branch complete discretion to decide who is an enemy combatant), but the problem is nowhere near as big as you make it out to be.

Having said that, the answer to your question is yes. The Military Commissions Act is no different from any other legislation and it can be modified or repealed. Both the House and Senate would have to pass a bill implementing those changes; since the current president would almost surely veto the bill, Congress would then have to muster the necessary two-thirds vote in each house to override his veto.

Given how few senators and representatives voted against the Act, though, it seems unlikely that a majority -- let alone a two thirds majority -- would vote to repeal it so quickly.