Who has the power to declare war?

The power to declare war is vested in Congress, as established by the U.S. Constitution. This allocation of power ensures that the decision to engage the nation in military conflict involves substantial debate and consideration among the representatives of the people, rather than being centralized in the executive branch. Specifically, Article I, Section 8 of the Constitution states that Congress has the authority "to declare war." This design reflects the framers' intent to provide a check on the executive branch's power, preventing any single individual from unilaterally making the profound decision to go to war.

While the President, as the Commander-in-Chief of the armed forces, can direct military operations and respond to immediate threats, Congress's role in declaring war maintains a significant balance of power. The judiciary, represented by the Supreme Court, does not have a role in declaring war, focusing instead on interpreting laws and ensuring that they comply with the Constitution. Similarly, the Secretary of Defense manages military operations but does not hold the authority to declare war, as that power is specifically reserved for Congress.