Who has the power to declare war?

The power to declare war is vested in Congress as outlined in the U.S. Constitution. Specifically, Article I, Section 8 grants Congress the authority to declare war, allowing for a check on the executive branch's power. This was intended by the framers of the Constitution to ensure that the decision to engage in military conflict would be a collective decision made by representatives of the people, rather than an unilateral decision made by the President.

The President does have significant military powers, as the Commander-in-Chief of the armed forces, enabling them to act quickly in defense of the country, but only Congress can formally declare war. This distinction is fundamental in maintaining a balance of power within the U.S. government.

In contrast, the Senate's role in matters related to war includes ratifying treaties and confirming military appointments, but not in the direct act of declaring war. The Supreme Court does not have any role in this process, as it primarily handles legal interpretations and disputes rather than legislative or military decisions.