Who has the power to declare war?

The power to declare war is constitutionally granted to Congress. This is outlined in Article I, Section 8 of the United States Constitution, which states that Congress has the authority to declare war and manage military funding. This ensures that the decision to engage in armed conflict is a collective one made by the representatives of the people, rather than a unilateral decision by the executive branch.

Congress's role in declaring war is a fundamental aspect of the checks and balances system that exists within the U.S. government. While the President serves as Commander-in-Chief of the Armed Forces and can order military actions without a formal declaration of war, only Congress has the authority to declare war, ensuring oversight by elected officials.

This separation of powers helps prevent any single branch of government from unilaterally committing the nation to military engagements, reflecting the democratic principles upon which the United States was founded. Other positions such as the President, the Supreme Court, and the Secretary of Defense do not possess the constitutional authority to declare war; their roles are more about the execution or management of military actions rather than the legislative decision-making aspect.