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depends which war your talking about
anyone could decalre war
The Legislative Branch (Congress) has the power to declare war.
3 September 1939
the legislative branch
the Legislative Branch can declair war. The President does not have the power to do so!
congress
The Legislative branch
It is the Legislative Branch that has the power to confirm the appointment of presidential appointments. They also have the power to declare war.
For the most part Presidents have ignored the War Powers Act partly on the grounds that it is Unconstitutional for one branch of government to either increase or decrease the power of another branch. separation of power
Legislative
In the U.S., the legislative branch of government is responsible, and has the constitutional powers, to declare war.