Who has the power to declare war in the United States?

The power to declare war in the United States resides with Congress, as established by the Constitution. This authority is defined in Article I, Section 8, which grants Congress the exclusive power to make declarations of war. The framers of the Constitution intended for this power to be held by the legislative branch to ensure that decisions regarding military conflict would reflect the will of the people, as represented by their elected officials.

While the President serves as the Commander in Chief of the armed forces and has the authority to direct military operations, the initial decision to formally declare war rests with Congress. This division of powers is a crucial aspect of the checks and balances system, intended to prevent any single entity from wielding excessive power over war-making decisions. The President can engage in military actions, especially in response to emergencies or in defense of the nation, but a formal declaration of war requires Congressional approval.

In contrast, the other choices do not hold the power to declare war: the Supreme Court interprets laws and adjudicates disputes, while the Secretary of Defense is responsible for overseeing military operations but does not have the authority to declare war.