Who has the power to declare war according to the Constitution?

The Constitution of the United States grants Congress the exclusive power to declare war. This authority is rooted in the framers' intent to prevent the concentration of military power in the hands of a single individual, thereby ensuring that decisions related to war and peace involve the broader representation of the electorate through their elected representatives. Specifically, Article I, Section 8 of the Constitution outlines the powers of Congress, including the power "to declare War." This check on presidential powers emphasizes the importance of collective decision-making in matters of national security.

The President, while serving as the Commander-in-Chief of the armed forces, does not have the authority to declare war unilaterally. They may engage in military actions, but these actions typically require congressional approval, particularly for sustained military engagements. The Supreme Court does not have the power to declare war, as its role is to interpret the law rather than to engage in military decisions. Lastly, the Vice President does not possess any unique war powers; their role is largely executive and supportive of the President. Thus, Congress holds the critical responsibility of declaring war under the Constitution.