Who has the constitutional power to declare war?

The constitutional power to declare war is vested in Congress. This authority is outlined in Article I, Section 8 of the U.S. Constitution, which explicitly states that Congress has the power “to declare war.” This ensures that the decision to engage in military action is made by elected representatives rather than a single executive authority, thereby promoting a system of checks and balances within the government.

The framers of the Constitution designed this provision to prevent any one individual, especially the President, from having unilateral power to initiate warfare, which historically can lead to abuses of power. As a result, while the President serves as the Commander in Chief of the armed forces and can direct military operations, the formal declaration of war requires congressional approval. This legislative oversight is crucial for maintaining democratic control over military engagements.