Understanding U.S. War Powers: Congress, Not President, Declares War

Washington D.C. - Amidst recent discussions surrounding presidential authority on military action, a critical reminder has emerged regarding the constitutional distribution of war powers. Contrary to some public perceptions, the U.S. Constitution explicitly grants Congress, not the President, the power to declare war. This fundamental principle, designed as a check and balance on executive power, is further reinforced by the War Powers Resolution of 1973. This resolution limits the President's ability to commit U.S. armed forces to conflict without congressional consultation and approval. The intent behind these provisions is to ensure that any decision to engage in warfare reflects the collective will of the people, as represented by their elected officials in Congress. Experts emphasize that while the President serves as Commander-in-Chief of the armed forces, this role pertains to the execution of military operations once war has been declared or authorized by Congress. The power to initiate such a declaration remains firmly with the legislative branch, underscoring the importance of congressional oversight in matters of national security and international conflict.