Who other than the president can declare war?

Answer 1

Technically, the president cannot declare war. This power is expressly reserved to Congress via Article I of the Constitution. However, Congress has not exercised this power since WWII. Thus, American military action in Korea, Vietnam, and Iraq were not "wars" in a constitutional sense. Instead, these actions have been termed "police actions" or "interventions." They have been the subject of much debate and criticism and many argue the presidents that ordered military action were acting beyond the scope of their constitutional authority. The counter argument is that, while the power to declare war is reserved to Congress, the president also has authority to order the use of military force via various clauses of Article II. Specifically, the president's position as commander in chief of the land and naval forces and the oath of office where the president swears to defend the constitution from all enemies, foreign and domestic, are often invoked to justify a president's use of military force absent a congressional declaration of war. Also, while Article I states that Congress shall have the power to declare war, Article II does not say the president shall not have the power to declare war. These arguments are, in my opinion, weak, self serving and contradictory to the intent of the framers.