Who has the power to declare war according to the U.S. Constitution?

The U.S. Constitution grants the power to declare war to Congress. This distribution of powers is intentional, reflecting the Founding Fathers' concerns about avoiding an overly centralized military authority in the hands of a single individual. Article I, Section 8 of the Constitution specifically states that Congress has the authority “to declare war.” This power ensures that elected representatives must debate and vote on such a significant decision, which helps to prevent rash or unilateral military actions.

The President, while serving as the Commander in Chief of the armed forces, does not have the authority to declare war independently. Instead, the role of the President includes managing military operations and engaging in military engagement, but any formal declaration must originate from Congress. The Supreme Court does not have a role in declaring war, as its function is primarily to interpret laws and uphold the Constitution. The Secretary of Defense, who heads the Department of Defense, operates under the authority of the President and has no constitutional power to declare war. Thus, the power of declaring war lies firmly with Congress as outlined in the Constitution.