Who has the power to declare war under the Constitution?
It was not deemed by the Founders to note a great deal about this subject, probably because it is so clear as to intent. It is certainly true that Congress has the singular power delegated to declare war. However, this is not the only manner existing within the Constitution for the country to enter a war. Listed below are the mentions of war and akin comments within the Constitution. Following Article I, Section 8, Clause 11 where it specifically mentions ‘declaring war’ are some legal cases you may find of interest and which clearly define the power of Congress to declare war on ‘other than’ a sovereign nation as well as how a President can enter the nation into war without a declaration of war by the Congress. Powers delegated solely to Congress: Article I, Section 8, Clause 11. “To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water. In Prize Cases, [1863] it states in part, “it is not necessary to constitute a war, that both parti
