Who has the authority to declare war?

The authority to declare war is vested in Congress as outlined in Article I, Section 8 of the United States Constitution. This provision reflects the framers' intention to balance power between the legislative and executive branches, ensuring that a decision of such magnitude is made by representatives of the people rather than by a single individual.

While the President does have the power to conduct military operations as the Commander-in-Chief, any formal declaration of war must originate from Congress. This serves as a check on presidential power, preventing unilateral military action without legislative oversight. Furthermore, the Senate's role primarily pertains to confirming treaties and approving military appointments, but it does not have the authority to declare war independently. The Supreme Court, on the other hand, interprets laws and resolves disputes, but it does not have a role in the declaration of war itself.

Therefore, understanding the constitutional separation of powers helps clarify why Congress holds this crucial responsibility.