Authorities (EJPME-US002-23) 2025 – 400 Free Practice Questions to Pass the Exam

The authority to declare war in the United States resides with Congress, as outlined in the Constitution. Specifically, Article I, Section 8 grants Congress the power to declare war. This establishment reflects the framers' intention to limit the power of the executive branch and ensure that such significant decisions are made by the elected representatives of the people.

While the President serves as Commander in Chief of the armed forces and can engage in military actions without a formal declaration of war, particularly in response to immediate threats, it is Congress that holds the constitutional authority to formally declare war. This separation of powers is crucial in maintaining a balance between the different branches of government and preventing any single branch from wielding excessive authority in matters of war and peace.