Who has the power to declare war?

The power to declare war is vested in Congress as outlined in the United States Constitution. Article I, Section 8 explicitly grants this authority to Congress, emphasizing the importance of a legislative body making such significant decisions about military engagement. This reflects the framers' intention to ensure that a diverse representation of the populace, through their elected representatives, has a say in the grave decision to engage in war.

While the President serves as the Commander-in-Chief of the armed forces and can engage troops in military action, this is typically seen as a power that allows the President to respond to threats or emergencies. However, a formal declaration of war requires Congressional approval. The Supreme Court's role is to interpret laws and the Constitution, not to declare war. The Secretary of Defense, while responsible for the defense policies and coordination of military operations, does not hold the constitutional authority to declare war. Therefore, Congress is the correct answer, reflecting the separation of powers that underpins the U.S. government's structure.