Who has the authority to declare war in the United States?

The authority to declare war in the United States lies with Congress. This power is granted by the Constitution, specifically in Article I, Section 8, which states that Congress has the ability to declare war. This requirement was established to ensure that the decision to engage in military conflict is made by representatives of the people, rather than being solely at the discretion of one individual.

While the President is the Commander-in-Chief of the armed forces and can initiate military actions, the formal declaration of war must be made by Congress. This distinction reflects the Founding Fathers' intent to balance power between the legislative and executive branches of government.

The Supreme Court does not have the authority to declare war; its role is to interpret the law and the Constitution. The Senate, as part of Congress, plays a key role in the legislative process, including ratifying treaties, but it does not hold the exclusive power to declare war—this power is vested in both houses of Congress.