Who has the power to declare war?

The declaration of war is fundamentally a power granted to Congress by the U.S. Constitution. Article I, Section 8 specifically states that Congress has the authority to declare war, making it a critical aspect of the legislative branch's responsibilities. This allocation of power is intentional, designed to ensure that the decision to engage in warfare is subjected to thorough debate and consideration by elected representatives, reflecting the will of the people.

While the President is recognized as the Commander-in-Chief of the Armed Forces and can send troops into combat without a formal declaration of war in certain circumstances, the constitutional requirement for Congress to declare war emphasizes the need for legislative oversight and accountability in matters of national military engagement. The Supreme Court does not possess authority over war declarations; its role is to interpret laws and the Constitution. The United Nations can facilitate international relations and collective security but does not have the power to declare war for individual nations.