Who has the power to declare war according to the Constitution?

The Constitution assigns the power to declare war to Congress, specifically located in Article I, Section 8. This section states that Congress has the authority "to declare war," meaning that it is the legislative branch that holds the responsibility for making this significant decision. This design reflects the Founding Fathers’ intent to ensure that the decision to engage in war involves input from representatives of the people, emphasizing a democratic process.

While the President, as the Commander in Chief of the armed forces, has the authority to direct military operations and respond to immediate threats, any formal declaration of war requires Congressional approval. This separation of powers is a critical component of the checks and balances established by the Constitution, preventing any single branch of government from unilaterally engaging the nation in armed conflict. The Supreme Court does not have the power to declare war, and while the Senate plays a role in foreign affairs, particularly in ratifying treaties, it works as part of Congress in this context.