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

The power to declare war in the United States resides with Congress, as outlined in the U.S. Constitution. Specifically, Article I, Section 8 of the Constitution grants Congress the authority to declare war, which emphasizes the legislative branch's role in making significant decisions related to military engagement. This allocation of power is intended to provide a system of checks and balances, ensuring that no single individual can unilaterally initiate a war without legislative approval.

While the President serves as the Commander-in-Chief of the armed forces and has the authority to direct military operations, the formal declaration of war is a congressional power. This distinction is critical in understanding the separation of powers within the government, as it prevents any potential abuse of power by the executive branch. The Supreme Court, while having judicial authority, does not hold the power to declare war, nor does the Secretary of Defense, whose role is primarily to oversee military operations and implement defense policies.