Who has the power to declare war?

The power to declare war resides with Congress, as outlined in the U.S. Constitution. Specifically, Article I, Section 8 explicitly grants Congress the authority to declare war. This division of power is a critical aspect of the system of checks and balances designed by the Constitution to prevent any single branch of government from having unilateral control over military actions.

While the President serves as the Commander-in-Chief of the Armed Forces and can direct military operations, such powers do not extend to officially declaring war. The intent behind placing the war declaration power in Congress is to ensure that such a significant and consequential decision involves the representatives of the people and occurs through a collective legislative process.

In contrast, the roles of the Supreme Court and the Secretary of Defense do not include the power to declare war. The Supreme Court interprets laws and may adjudicate issues related to war, but it does not have legislative powers. Similarly, the Secretary of Defense manages the Department of Defense and oversees military operations but acts under the authority granted by the President and Congress. Thus, it is Congress that holds the legal power to declare war, making this the correct choice.