Who has the power to declare war according to the U.S. Constitution?

According to the U.S. Constitution, Congress has the exclusive power to declare war. This authority is outlined in Article I, Section 8, which grants Congress the power to declare war, raise and support armies, and provide for their regulation. This division of powers is significant as it ensures that the decision to engage in armed conflict is made by the elected representatives of the people, reflecting democratic accountability.

While the President, as Commander in Chief of the armed forces, holds significant military authority, including the ability to direct military operations, the formal initiation of hostilities requires congressional approval. This creates a system of checks and balances intended to prevent unilateral decisions regarding military engagement.

The Supreme Court does not have the authority to declare war; its role is primarily judicial, focusing on interpreting laws and constitutional questions. Similarly, the Secretary of Defense is a cabinet member who advises the President on defense matters and assists in executing military policy but does not hold the power to declare war. This constitutional design ensures a collaborative approach to war-making, emphasizing the legislative branch's role in such a serious decision.