http://www.law.cornell.edu/constitution/constitution.overview.htmlArticle One
Section Eight
Part of the enumerated powers of the Congress
To constitute tribunals inferior to the Supreme Court;
To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;
To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
[][][][][][][][][][][][][][][][][][]
Congress is tardy in its duty , this legislation is called for directly in the Constitution.
The President had to act immediately , but the Congress has had ten times the time it needed to make up the rules of this game .