Who has the power to declare war?

The power to declare war resides with Congress, as outlined in the U.S. Constitution. Specifically, Article I, Section 8 grants Congress the exclusive authority to declare war and to raise and support armies. This design ensures that the decision to engage in military conflict is made through a deliberative process involving elected representatives, rather than being at the sole discretion of the President. While the President serves as the Commander in Chief of the Armed Forces and can direct military operations, the declaration of war requires Congressional approval, emphasizing the system of checks and balances that prevents any one branch of government from wielding excessive power.

The other options reflect roles that do not hold the authority to declare war. The President may engage in military actions without a formal declaration of war, often citing the need to respond to emergencies, but such actions are typically considered limited in scope. The Senate, while part of Congress, does not have the exclusive power to declare war. Similarly, the Supreme Court's role is to interpret the law and ensure its constitutionality, but it does not possess the authority to declare war.