Who has the authority to declare war?

The authority to declare war is vested in Congress as outlined in the U.S. Constitution. Specifically, Article I, Section 8 grants Congress the power to declare war, making it a legislative responsibility designed to ensure that such significant actions are taken with broad political consensus. This reflects the framers' intention to balance the power between the executive and legislative branches, preventing unilateral decision-making by the President.

While the President serves as the Commander in Chief of the armed forces and can take military action without a formal declaration of war in certain situations, such as responding to emergencies or defending the nation, only Congress has the constitutional authority to officially declare war. This framework is essential for maintaining checks and balances within the government and upholding democratic principles regarding military engagement.

The Senate alone does not have the exclusive authority to declare war, as both chambers of Congress must be involved in this process. The Supreme Court does not have a role in war declarations, as its primary function is to interpret laws and the Constitution, not to engage in the declaration of war.