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

The power to declare war in the United States is granted to Congress as outlined in the Constitution. Article I, Section 8 specifically states that Congress has the authority to declare war, making this body responsible for the formal initiation of armed conflict. This constitutional provision serves to ensure that such a significant decision involves representation and debate among elected officials rather than resting solely with one individual or agency.

While the President does play a crucial role as the Commander-in-Chief of the armed forces and can engage in military action without a formal declaration of war, the ultimate authority to declare war legally resides with Congress. The Supreme Court does not have the power to declare war; its role is primarily judicial, interpreting laws and resolving disputes. Similarly, the Secretary of Defense, while integral to military operations and the execution of defense policy, does not possess the legal authority to declare war either. Congress's responsibility in this regard emphasizes the checks and balances of government, ensuring that a collective agreement is required for such a serious decision affecting national security.