Who has the power to declare war?

The power to declare war is granted to Congress by the U.S. Constitution, specifically in Article I, Section 8. This designates Congress as the body responsible for making such significant decisions, reflecting the framers' intent to ensure that the decision to engage in military conflict is subject to broader representation and debate, rather than being solely in the hands of the executive branch. This checks and balances system is foundational to American governance, preventing any single entity from wielding too much power in matters of war and peace.

The President, while serving as the Commander-in-Chief of the armed forces, does not have the authority to unilaterally declare war; instead, they can direct military operations and respond to threats, but a formal declaration must come from Congress. The Supreme Court does not have a role in declaring war; its function is to interpret law and adjudicate disputes. Additionally, state governors lack the authority to declare war as military actions at this level fall under federal jurisdiction, aligning with the Constitution's allocation of war powers to Congress.