Who has the power to declare war?

The power to declare war is vested in Congress, as outlined in the U.S. Constitution. This division of power is a fundamental principle of American government, which is designed to prevent any single branch from having unchecked authority in matters concerning war and peace. Article I, Section 8 of the Constitution specifically gives Congress the authority to declare war, ensuring that the decision to engage in military conflict reflects the collective judgment of the legislative branch, which represents the will of the people.

This system emphasizes the importance of democratic oversight in significant decisions affecting the nation. While the President, as Commander in Chief of the armed forces, can direct military operations and respond to immediate threats, only Congress has the constitutional authority to formally declare war. The Supreme Court does not have a role in declaring war, as its function is judicial rather than legislative or executive.