Tag Archives: president’s power to declare war

Article I, Section Eight Clause 11 of the Constitution says that “The Congress shall have power… To declare war…” In Article II, Section 2 the Constitution says “The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States…” Clearly the authors of the Constitution intended that Congress should have the sole responsibility for declaring war and that the President would have the power to command the troop once war has been declared, a clear division of power regarding war. Over the years the presidency has gained more and more power to engage in military actions independent of Congress primarily because a single person can response quicker to military emergencies. Towards the end of the Vietnam conflict Americans had enough of police actions so Congress pass the War Powers Resolution (Act) in 1973. Continue reading →