Who has the power to declare war?

Congress has the power to declare war as outlined in Article I, Section 8 of the U.S. Constitution. This provision was designed to ensure that the decision to engage in war involves deliberation and approval from the legislative branch, which is representative of the people. By assigning this power to Congress, the framers of the Constitution intended to prevent the executive branch from unilaterally engaging in military conflict, reflecting a fundamental principle of checks and balances in the U.S. government.

The role of the President, while crucial in directing military operations once war is declared, does not extend to formally declaring war. The President acts as the Commander-in-Chief of the armed forces, but this authority is meant to be exercised after Congress has made the decision to go to war. The Supreme Court, as the judicial branch, does not possess the power to declare war or engage in military matters, but instead interprets laws. The Secretary of Defense, while a key advisor to the President regarding military operations and strategy, also does not have the authority to declare war, as that power rests solely with Congress.