Who has the power to declare war according to the Constitution?

The power to declare war is vested in Congress according to the United States Constitution. This arrangement reflects the Founding Fathers' intention to ensure that the decision to engage in military conflict is made with broad consensus rather than concentrated in the hands of a single individual. Article I, Section 8 of the Constitution explicitly grants Congress the authority to "declare war," which establishes it as the governing body responsible for making such a significant national decision.

The role of Congress in declaring war is significant as it allows for greater representation and accountability since multiple representatives from various states contribute to the decision. This deliberative process also serves to prevent rash or unilateral military actions that could involve the country in prolonged conflicts without comprehensive legislative oversight.

The President, while serving as the Commander-in-Chief of the armed forces, does not have the constitutional authority to declare war. Instead, the President can direct military operations and respond to immediate threats without a formal declaration, but any long-term engagement requires congressional approval. The judiciary and state governments do not have any authority in war declarations, as these powers are reserved explicitly to Congress at the federal level.