Who has the power to declare war?

The power to declare war is held by Congress, as outlined in the United States Constitution. Article I, Section 8 grants Congress the authority to declare war and raise and support armed forces. This division of power is a crucial aspect of the checks and balances system intended by the framers of the Constitution, ensuring that the decision to go to war is not solely in the hands of one individual.

While the President, as the Commander-in-Chief, oversees the military and can direct military operations, the formal declaration of war requires Congressional approval. This means that any significant military engagement or the transition to full-scale war must involve the legislative branch's consent, reflecting the collective will of the elected representatives of the public.

The roles of the Supreme Court and the Secretary of Defense do not include the power to declare war; rather, the Supreme Court's judicial interpretations and rulings pertain to legal matters and the Constitution, while the Secretary of Defense is focused on the strategic and operational aspects of military management but does not hold legislative powers.