Who has the power to declare war?

The power to declare war is granted to Congress by the United States Constitution, specifically found in Article I, Section 8. This provision gives the legislative branch, which includes both the Senate and the House of Representatives, the authority to declare war. While the President, as Commander in Chief, has significant military authority and can direct military operations, the formal declaration of war requires legislative approval from Congress.

This separation of powers is designed to ensure that the decision to engage in armed conflict is made through a deliberate process involving elected representatives, reflecting the will of the people. Therefore, Congress's role in declaring war emphasizes the principle of checks and balances that is central to the U.S. governmental system.