Which body has the power to declare war?

The power to declare war is vested in Congress as outlined in the United States Constitution. This authority is primarily located in Article I, Section 8, which states that Congress has the power to declare war, grant letters of marque and reprisal, and to make rules concerning captures on land and water. This design reflects the framers' intention to ensure that the decision to engage in war requires broader consensus and is not left to one individual, thus promoting checks and balances within the federal government.

The President, while acting as the Commander-in-Chief of the Armed Forces, does not have the unilateral authority to declare war. Instead, the President can order military action but must abide by the declaration of war made by Congress. The Supreme Court does not have a role in declaring war; instead, it interprets laws and can rule on related legal matters. Similarly, the Secretary of State manages foreign affairs but does not have the legal power to declare war. This framework emphasizes the legislative branch's crucial role in significant national decisions such as going to war.