Who can declare war?

The power to declare war is constitutionally vested in Congress. According to Article I, Section 8 of the U.S. Constitution, Congress has the authority to declare war, thus ensuring that this significant and consequential decision is made by the elected representatives of the people. This is a critical aspect of maintaining a balance of power in the federal government, as it provides a check on executive authority.

While the President can act as the Commander in Chief of the military and has the authority to direct military operations, only Congress has the explicit power to formally declare war. This distinction underscores the framers’ intention to prevent any one branch of government from unilaterally making such a grave decision without legislative approval.

In contrast, the Supreme Court's role is primarily to interpret laws and assess their constitutionality, not to engage in matters of war declaration. The Secretary of Defense is responsible for overseeing the Department of Defense and executing military policy but does not have the authority to declare war. Thus, Congress remains the correct answer as the body that holds this constitutional power.