Who has the power to declare war?

The power to declare war is vested in Congress, as outlined in the Constitution. Article I, Section 8 grants Congress the authority to declare war, which is an important aspect of the system of checks and balances designed to prevent any single branch of government from having unilateral control over military action. This ensures that such a significant decision, which can have profound implications for the nation, is made collectively by elected representatives.

The role of the President, while significant in military matters, is primarily that of Commander in Chief of the armed forces. Though the President can direct military operations and respond to threats, the formal declaration of war requires Congressional approval. The Supreme Court does not have the power to declare war; its role is judicial rather than legislative or executive. Similarly, the Secretary of Defense, while responsible for managing the defense department and military operations, does not hold the authority to declare war either. This division of powers is fundamental to maintaining a democratic government where multiple branches work to keep one another in check.