Who has the power to declare war?

The Constitution of the United States assigns the power to declare war to Congress. This is rooted in the principle of checks and balances that ensures that no single branch of government holds too much power. Specifically, Article I, Section 8 of the Constitution grants Congress the authority to declare war, which is a critical function reflecting the collective judgment of elected representatives. This means that the decision to engage in armed conflict must involve deliberation and approval from the legislative branch, signifying the importance of representative governance in matters of national security and military action.

In contrast, while the President serves as the Commander in Chief of the armed forces and has significant authority to direct military operations, the initial decision to formally declare war lies with Congress. The role of the Supreme Court primarily involves interpreting laws and the Constitution, rather than making decisions related to military engagements. The Senate's role, although it plays a significant part in foreign affairs, such as ratifying treaties, does not extend to the exclusive power of declaring war, as this responsibility encompasses both the House of Representatives and the Senate working together.