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

The Constitution grants the power to declare war to Congress, specifically in Article I, Section 8. This section outlines the enumerated powers of Congress, which includes the authority to declare war. The framers of the Constitution established this division of power to ensure that such a significant decision would reflect the will of the people, represented through their elected officials, rather than being solely in the hands of the executive branch.

This process underscores the principle of checks and balances that is foundational to the U.S. government, where multiple branches share authority, preventing any single branch from wielding unchecked power. The President does serve as the Commander in Chief of the military, allowing for military action without a formal declaration of war in cases of national emergency or immediate threats, but only Congress can formally declare war. This legislative requirement reflects the intention to involve broader representation in decisions related to military conflict.