Search results
Learn how the Constitution grants Congress the power to declare war and how the Supreme Court has interpreted it. Explore the historical and legal debates over the war power and its implications for foreign affairs.
Learn about the constitutional power of Congress to declare war and the limits on the President's warmaking authority. Explore the text, interpretation and debate of the Declare War Clause.
Chief Justice John Marshall listed the power to declare and conduct a war as one of the enumerated powers from which the authority to charter the Bank of the United States was deduced. 3 Footnote
Speaking for four Justices in Ex parte Milligan, Chief Justice Salmon P. Chase described the power to declare war as necessarily extending to all legislation essential to the prosecution of war with vigor and success, except such as interferes with the command of the forces and conduct of campaigns. 4 Footnote
ArtI.S8.C11.3 Declarations of War. Article I, Section 8, Clause 11: [The Congress shall have Power . . . ] To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; . . . In the early draft of the Constitution presented to the Convention by its Committee of Detail, Congress was empowered to make ...
The Constitution grants Congress the sole power to declare war. Learn about the 11 occasions when Congress declared war, the last one during World War II, and how it has shaped U.S. military policy since then.
People also ask
What is the power to declare war?
What power does Congress have to declare war?
What if the power to declare war was not mentioned in the Constitution?
What did the President do to declare war?
Arguing that Congress declares war any time it authorizes or commands war, even if it does not use the phrase “declare war,” and that Congress has the power to enact detailed war declarations that do not leave the Executive Branch with much discretion.
