From the Agreement Between the United States and Cuba for the Lease of Lands for Coaling and Naval stations; February 23, 1903, Article 2:
"The grant of the foregoing Article shall include the right to use and occupy the waters adjacent to said areas of land and water, and to improve and deepen the entrances thereto and the anchorages therein, and generally to do any and all things necessary to fit the premises for use as coaling or naval stations only, and for no other purpose."
The use of Guantanamo bay as a prison is, and has always been, in violation of a treaty entered into by the United States, and should therefore be terminated immediately.
And, for people who like to loudly proclaim their adherence to the Constitution (read Conservatives) without having a clue of most of its contents, let us remember this, from Article VI:
"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land..."
Thus, the Constitution guarantees this treaty equal force with its own provisions. Neither the President, nor any other public official is carrying out his duty to uphold the Constitution, as long as he allows the Guantanamo concentration camp to continue to exist. Yes, I know that Obama, or any Democratic President, would face a tornado of invective the likes of which we have rarely seen, should he carry out his Constitutional duty to close this facility. Well, so what? How about doing the right thing, for once, when the right thing is so clear?