Who can declare war according to the U.S. Constitution?

• A. The President
• B. The Supreme Court
• C. The House of Representatives
• D. Congress

Answer: (D)

Congress has the constitutional power to declare war. The Constitution assigns this authority to Congress—specifically, the power to declare war, raise and support armies, and provide and maintain a navy—so a formal declaration must come from Congress as a whole, not from the President acting alone. The President is the Commander in Chief and can direct military forces, but he cannot unilaterally declare war. The Supreme Court does not declare war, and the House of Representatives alone does not have that authority either; the decision rests with Congress in its entirety. In history, formal declarations of war have been enacted by Congress, reinforcing that distinction between legislative declaration and executive action.