Who has the power to declare war?

• A. The President
• B. Congress
• C. The Supreme Court
• D. State legislatures

Answer: (B)

The main idea here is that the power to declare war rests with Congress. The Constitution assigns Congress the authority to declare war and to raise and support armies and navies, giving it the final say on when the United States enters a formal war. The President serves as Commander in Chief and directs military forces, but he cannot unilaterally declare war. He can respond to threats and engage forces in emergencies, yet a formal declaration requires approval from Congress. After 1973, the War Powers Resolution tried to balance these roles by requiring the President to notify Congress within 48 hours and to withdraw forces within 60 to 90 days unless Congress authorizes more, or declares war. In practice, many modern military actions proceed under congressional authorization for use of military force rather than a formal war declaration, but the explicit power to declare war lies with Congress.