Who has the power to declare war?

The power to declare war is vested in Congress according to the United States Constitution. Specifically, Article I, Section 8 of the Constitution grants Congress the authority to declare war, raise and support armies, and make rules concerning the regulation of the land and naval forces. This allocation of power is a critical aspect of the system of checks and balances that the Founding Fathers established to prevent any single branch of government from having unchecked power.

While the President can direct military operations and act as the Commander in Chief of the armed forces, the decision to formally declare war requires Congressional approval. This ensures that when the country goes to war, it reflects a consensus between the legislative and executive branches, aligning with the democratic principles upon which the nation was founded. Other options, such as the Supreme Court and the Secretary of Defense, do not have the authority to declare war, as their roles focus on interpreting the law and managing military operations, respectively.