Who has the power to declare war under the Constitution?

The Constitution of the United States grants the power to declare war to Congress. This is outlined in Article I, Section 8, which states that Congress has the authority "to declare war." The Framers of the Constitution placed this power in the legislative branch to ensure that the decision to go to war would be a product of broad consensus among elected representatives, reflecting the will of the people rather than a unilateral decision by the executive branch. This design promotes a system of checks and balances, preventing any single entity from wielding excessive power over matters of war and peace.

The President, while serving as the Commander in Chief of the armed forces, does not have the constitutional authority to declare war without Congressional approval. This division of powers is crucial to maintaining the balance between the need for a swift military response and the democratic process. Other entities, such as the Supreme Court or the Secretary of Defense, do not have the authority to declare war and thus play different roles related to warfare and military strategy rather than initiating conflict.