Who has the power to declare war?

Congress holds the power to declare war as outlined in Article I, Section 8 of the U.S. Constitution. This provision is significant as it establishes a system of checks and balances between the legislative and executive branches of government. By granting Congress the authority to declare war, the framers intended to ensure that the decision to engage in military conflict would be made after careful deliberation and with the consent of the representatives of the people, rather than being solely in the hands of the President.

The President does have the authority to act as Commander-in-Chief of the armed forces, allowing for quick military action in times of emergency, but the formal declaration of war requires Congressional approval. This distinction is crucial in understanding the separation of powers within the government structure. The Supreme Court and the Secretary of Defense do not have the constitutional authority to declare war, reinforcing the exclusive power held by Congress in this matter.