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

The power to declare war is vested in Congress as outlined in the U.S. Constitution. This is established in Article I, Section 8, which grants Congress the authority to declare war, raise and support armies, and provide and maintain a navy. This separation of powers ensures that the decision to engage in war is made by the legislative branch, representing the will of the people, rather than being unilaterally decided by the executive branch.

While the President, as the Commander-in-Chief, has the power to direct military operations and respond to immediate threats, the formal declaration of war requires Congressional approval. This system is designed to prevent unilateral military action without broader political consensus, embodying the checks and balances that are foundational to the Constitution. The other positions mentioned, such as the Supreme Court and the Vice President, do not hold the authority to declare war, emphasizing the specific role of Congress in this critical decision-making process.