Who has the power to declare war?

The power to declare war is vested in Congress as outlined in the United States Constitution. Article I, Section 8 explicitly grants Congress the authority to declare war, which underscores the principle of checks and balances within the U.S. government. This was established to ensure that the decision to engage in military conflict is deliberated and agreed upon by elected representatives, reflecting the will of the people rather than being a unilateral decision of the executive branch.

While the President can deploy troops and engage in military actions as Commander-in-Chief, any formal declaration of war must come from Congress. This requirement aims to prevent potential abuses of power and to ensure that such a significant decision is made with broad consensus. The other positions mentioned either have roles related to military strategy or judicial interpretation but do not possess the constitutional authority to formally declare war. This delineation of powers is crucial to maintain accountability and promote democratic governance in matters of war and peace.