That is, Presidents cannot, on their own authority, declare war. Most people agree, at minimum, that the Declare War Clause grants Congress an exclusive power. The extent to which this clause limits the President’s ability to use military force without Congress’s affirmative approval remains highly contested. The Constitution’s Article I, Section 8 specifically lists as a power of Congress the power “to declare War,” which unquestionably gives the legislature the power to initiate hostilities. To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards and other needful Buildings -And To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions To make Rules for the Government and Regulation of the land and naval Forces To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations To constitute Tribunals inferior to the supreme Court To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries
To establish Post Offices and post Roads To provide for the Punishment of counterfeiting the Securities and current Coin of the United States To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures To establish a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes To borrow Money on the credit of the United States The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States but all Duties, Imposts and Excises shall be uniform throughout the United States