Constitutional shenanigans

Article 8 of Section 1 of the United States Constitution clearly states the following:

"The Congress shall have power to ... make rules concerning captures on land and water..."

So why did it take until yesterday for Congress to get the chance to vote on the status of detainees and why did it take a Supreme Court ruling for the President to let go of his "policy" wherein he alone decides the fate of detainees?

The bill states:

"The bill would create military commissions to prosecute terrorism suspects. It also would prohibit some of the worst abuses of detainees like mutilation and rape, but grant the president leeway to decide which other interrogation techniques are permissible."

(Emphasis added.)

It has been proven time and time again throughout democracies all over the globe that all most states want is a constitutional guarantee of when and if certain liberties shoule be taken away or if special permission should be granted to the president during times of certain emergencies. Had the president gone to Congress five years ago to get this "special" permission, I doubt his approval rating would be as low as it is now. However, this bill is too little too late. The credibility of the president is gone and it will be years before he gets any of it back.