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This power is divided Congress has the power to declare war, raise and support the armed ... It is generally agreed that the commander-in-chief role gives the President power to repel attacks too.

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14y ago
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13y ago

Only the Legislative branch may declare war. Article I, Section 8 states

Congress shall have the power: To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water.

However the executive (presidential) branch can declare military actions and short term engagements, if they are not ratified by the legislative branch than they are not official wars.

In Presidential Power to Use the Armed Forces Abroad Without Statutory Authorization, 4A Op. O.L.C. 185, 187 (1980), it stated that

Our history is replete with instances of presidential uses of military force abroad in the absence of prior congressional approval. This pattern of presidential initiative and congressional acquiescence may be said to reflect the implicit advantage held by the executive over the legislature under our constitutional scheme in situations calling for immediate action. Thus, constitutional practice over two centuries, supported by the nature of the functions exercised and by the few legal benchmarks that exist, evidences the existence of broad constitutional power.

Military action by order of the president without declaration of war by the legislative branch has limited power in that it cannot legally take ownership of land from Another Country.

Many military actions of the past 50 years have been presidential military orders and not declared wars. The Korean Conflict, The Vietnam Conflict, even the mis labeled "Gulf War" of the 1990's was not a real war but was in fact a military action by presidential decree.

The legislative branch has not declared a war since World War 2. In which we took hostile control of enemy territory and declared ownership of that property over the enemy countries. (most of which was eventually given back)

Most people confuse military conflicts with the term war and use it interchangeably even though from a legal stand point, war is a legislative branch decision and military conflicts and actions are an executive branch (presidential) decision.

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9y ago

The power to declare war and to appropriate military funds lies with legislative branch of government.

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9y ago

The power to declare war and to appropriate military funds lies within the legislative branch of government.

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Q: To whom does the constitution give the power to officially declare war?
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