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It is a common mistake to think that the president of the US can declare war. This is incorrect.

According to the U.S. Constitution, only Congress has the power to declare war on another sovereign nation.

According to Article I , Section 8: "The Congress shall have Power ... To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; To provide and maintain a Navy; To make Rules for the Government and Regulation of the land and naval Forces; To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress ...".

However, the resolution in Congress must pass both the House and Senate, the President has the authority to either sign or veto the resolution. The ONLY times that a binding act of Congress does not cross the President's desk are: I) A Constitutional Amendment II) Articles of Impeachment, or a subsequent conviction or acquittal in the Senate. III) Confirmation of appointees. Historically the President has always asked Congress for an official declaration of war before Congress passes such a resolution, although this is not necessary.

Other than the War of 1812 and the Spanish American War, Congress has overwhelmingly voted in the affirmative, therefore a Presidential veto would be toothless, even if he desired to do so.

The US President does have the power to deploy troops to said location.
The US Constitution says the Congress has the power to declare war

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8y ago
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14y ago

By the US Consititution, only Congress may actually declare war; however, by the War powers Act, the President may engage the military in a war zone and has all the power of Congress to conduct war like activities, in essence to declare a "Not War."

To the troops on the ground there is little difference, okay, no difference. And, it is interesting to note that since World War Two, the US Congress has not declared war once, yet the US has been involved in no fewer than seven undeclared wars. Hmmmm....semantics.

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Who has the power to declare war

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10y ago

the congress has the power to declare war

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12y ago

congress

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implied

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Q: By the US Constitution who has the power to declare war?
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Continue Learning about American Government

The power to manufacture money and declare war is given to?

The declaration of war is the sole power and authority to Congress. That said, the American President retains broad authority to conduct military operations and maneuvers for a certain period before requiring Congressional consent via the War Powers Act of 1973.


What does the president have to do to declare war?

According to the Constitution...The President does not have any power to declare war. That power was given exclusively to the Congress. This was meant to keep the President in check.If that power was given to or allowed to be executed by the President, he would become a Dictator in due time, once he realized the power he had. He could declare a war, attack anyone he chose with his army, and take over the country/world.The President can ask Congress for a Declaration of War, but the Congress is supposed to vote on declaring that war or not.Unfortunately these days the whole process works backwards, only because "we the people" let it happen. The President attacks a country, then asks Congress to declare the war. He gives himself controlling powers that were not delegated to him by the Constitution.Sounds like the beginning of a dictatorship to me!


In the US who has the power to manufacture money and declare war?

The Congress


What are two expressed powers of the Congress?

Congress can declare war (senate) and ratify treaties.


what power allows the supreme court to declare laws unconstitutional.?

The power of judicial review allows the US Supreme Court to declare laws, policies, executive orders and US treaties that are relevant to cases before the Court unconstitutional and nullify them if they violate the principles of the US Constitution.

Related questions

Does the US congress have the power to pass a declaration of war?

Yes. The US Constitution, Article One says, "Congress shall have power to ... declare War."


What is the power of congress to declare war?

The Constitution grants Congress the sole authority to declare war.


Who has the power to make war?

Under the Constitution, the US Congress has the power to declare war. The President gets around this by deploying troops as CIC.


Who vhas the power to declare war?

Congress has the power to declare war. The president of the United States is the commander of the military but cannot declare war without Congress.


Who has power to declare war on the US?

congress


Can declare war?

For the United States, only the US Congress has the power to declare war. That's explicit in the US consitution.


Is it true that the official power to declare war belongs to the President of the US?

No, that is not true. The official power to declare war belongs to Congress.


The power to manufacture money and declare war is given to?

The declaration of war is the sole power and authority to Congress. That said, the American President retains broad authority to conduct military operations and maneuvers for a certain period before requiring Congressional consent via the War Powers Act of 1973.


Who declare war in the us?

well the congress have the power to declare war


Who can declare war?

Congress


What does the president have to do to declare war?

According to the Constitution...The President does not have any power to declare war. That power was given exclusively to the Congress. This was meant to keep the President in check.If that power was given to or allowed to be executed by the President, he would become a Dictator in due time, once he realized the power he had. He could declare a war, attack anyone he chose with his army, and take over the country/world.The President can ask Congress for a Declaration of War, but the Congress is supposed to vote on declaring that war or not.Unfortunately these days the whole process works backwards, only because "we the people" let it happen. The President attacks a country, then asks Congress to declare the war. He gives himself controlling powers that were not delegated to him by the Constitution.Sounds like the beginning of a dictatorship to me!


The power of the US Congress to declare war is an example of which kind of power?

Expressed