Who has the constitutional power to declare war?

The constitutional power to declare war is vested in Congress, as outlined in Article I, Section 8 of the U.S. Constitution. This provision grants Congress the authority to make decisions related to war and military engagement, reflecting the Founding Fathers' intention to ensure that a broad representation of the populace would be involved in such significant decisions, rather than concentrating that power in the hands of a single individual.

The role of Congress in declaring war is established to provide checks and balances, preventing any single branch of government from unilaterally engaging the nation in military conflict. While the President serves as the Commander-in-Chief of the armed forces and has the authority to direct military operations, the initiation of war formally requires Congressional approval. This delineation ensures a collaborative approach to decision-making regarding national security and military action.

Other entities, such as the Supreme Court and the Secretary of Defense, do not possess the constitutional authority to declare war. The Supreme Court's role is primarily judicial, interpreting laws and adjudicating disputes, while the Secretary of Defense is a member of the executive branch responsible for military operations but does not have the power to initiate war itself.