Who has the authority to declare war?

The authority to declare war is granted to Congress as a whole, which encompasses both the Senate and the House of Representatives. Specifically, the Constitution of the United States designates this power to Congress in Article I, Section 8. This section clearly states that Congress has the authority to declare war, making it a critical aspect of the legislative branch's powers.

The President, while serving as the Commander-in-Chief of the armed forces, does not hold the unilateral power to declare war but can engage in military actions. However, such actions typically require congressional approval or are limited to specific circumstances, such as responding to immediate threats. The Senate and the House collectively play a vital role in decisions regarding war, as their approval is necessary for a formal declaration.

The Supreme Court, being part of the judicial branch, does not have any authority in the declaration of war and primarily acts in the capacity of interpreting laws and adjudicating cases. Understanding the delineation of powers among the branches of government helps clarify who holds the authority to declare war.