Who has the power to declare war in the United States?

Congress has the power to declare war in the United States as outlined in the Constitution. This power is granted to Congress in Article I, Section 8, which explicitly states that only Congress can declare war. This design reflects the framers’ intention to ensure that the decision to go to war would involve a representatives' deliberation and consensus, rather than being the unilateral decision of a single individual.

The President, while he or she can direct military action and is the Commander-in-Chief of the armed forces, does not have the authority to formally declare war without Congressional approval. This separation of powers serves as a check on executive authority and ensures that such a significant decision is subjected to legislative scrutiny.

The Supreme Court and the Cabinet do not possess the authority to declare war. The Supreme Court interprets laws and resolves legal disputes, while the Cabinet advises the President but does not hold any legislative power. Hence, Congress is the sole entity empowered constitutionally to make the declaration of war.