Who holds the constitutional power to declare war?

The constitutional power to declare war is vested in Congress. This authority is established in Article I, Section 8 of the U.S. Constitution. It grants Congress the exclusive power to declare war, emphasizing the intention of the framers to ensure a system of checks and balances between branches of government. This allows for a collaborative approach in decisions of significant consequence, such as entering into armed conflict.

The rationale behind this power being assigned to Congress rather than an individual, like the President, lies in the democratic principle that such grave decisions should be made collectively by representatives of the people. The legislative body considers national interests, the implications of war, and the perspectives of constituents.

While the President serves as the Commander-in-Chief of the armed forces, meaning they can direct military operations and respond to threats swiftly, the act of officially declaring war requires Congressional approval. This separation of powers is critical for maintaining accountability and avoiding unilateral decisions that could lead to unnecessary conflicts.