It is proper to consider, as a part of the ongoing discussion regarding indefinite detentions without first securing a conviction at a trial that adhered to due process of law, and its constitutionality; The Geneva Conventions' allowance for detaining POWs for the indeterminate period of a conflict's duration. When viewed within the scope of U.S. Constitution; Article VI; clause 2; legitimises it. There are those who believe that a treaty which violates Constitutional text can never be legitimate, yet a simple reading of Art. VI; clause 2; implies otherwise:

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; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

A treaty enacted "under the Authority of the United States" is "the supreme law of the land...any Thing in the Constitution or Laws of any State to the Contrary notwithstanding". Clearly, lawfully enacted treaties possess supremacy within their scope over Constitutional text. This has always been a potential threat to liberty.

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