Who has the power to declare war?

The power to declare war is vested in Congress, which is outlined in the U.S. Constitution. Article I, Section 8 specifically grants Congress the authority to declare war, demonstrating the framers' intention to involve the legislative branch in significant military decisions. This design prevents any single individual, such as the President, from unilaterally deciding to engage the country in conflict without the direct consent of elected representatives.

While the President serves as Commander-in-Chief of the armed forces and can direct military operations, any formal declaration of war requires Congressional approval. This division of power is important as it maintains a system of checks and balances, ensuring that both the legislative and executive branches play a role in decisions that may lead to war. Thus, the correct understanding of war powers emphasizes Congressional authority in making such critical decisions for the nation.