according to the constitution, who has the po...
According to the U.S. Constitution, Congress holds the core power to declare war, raise and fund the military, and make the laws that govern the use of force, while the President commands the armed forces and executes those laws as Commander in Chief.
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According to the Constitution, who has the power to…?
Quick Scoop
When people ask, “According to the Constitution, who has the power to do X?” they’re usually talking about a few big things: declare war, make laws, command the military, or decide what the law means. Here’s a clear, story‑like breakdown.
Who can declare war?
Under the U.S. Constitution, the power to declare war belongs to Congress , not the President. That’s written into Article I, which lays out the powers of the legislative branch.
- Congress:
- Declares war.
* Raises and funds the Army and Navy.
* Sets rules for the military (like the Uniform Code of Military Justice).
- The President:
- Commands the armed forces as Commander in Chief once war powers are triggered or force is lawfully authorized.
A quick example
Imagine Congress passes a law formally declaring war on a foreign country. The moment that happens , the President, as Commander in Chief, decides strategy and operations, but cannot unilaterally create that state of war under the constitutional text.
Who makes the laws?
The legislative power —the core power to make federal laws—is vested in Congress (House + Senate).
- Congress:
- Writes and passes bills.
* Controls federal taxation, borrowing, and the national budget.
- President:
- Can sign bills into law or veto them.
* A veto can be overridden by a two‑thirds vote in each house of Congress.
So, according to the Constitution, Congress makes the laws , while the President has a powerful check through the veto but cannot legislate on their own.
Who commands the military?
Article II makes the President the Commander in Chief of the Army and Navy of the United States.
- President:
- Directs military operations and strategy.
* Can respond quickly to sudden crises using armed forces.
- Congress:
- Declares war.
* Controls funding, size, and structure of the forces.
* Can set limits through statutes (e.g., rules on deployments, authorizations for use of force).
This creates a deliberate tension: Congress decides whether and how the military exists; the President decides how to use it within those legal limits.
Who interprets the Constitution?
The judicial power —to decide “cases and controversies” under the Constitution—is vested in the Supreme Court and lower federal courts created by Congress.
- Supreme Court and lower federal courts:
- Interpret what the Constitution and federal laws mean in real disputes.
* Can strike down laws or executive actions that violate the Constitution (judicial review, developed through practice and precedent).
So, when people argue over “who has the power according to the Constitution,” the courts often have the final say on what that power actually includes in practice.
Main constitutional powers at a glance
Here’s a quick reference table for the most commonly debated powers:
| Power | Who has it (Constitution) | Where it comes from |
|---|---|---|
| Declare war | Congress | Article I, Section 8 (legislative powers). | [9][3]
| Command the armed forces | President (Commander in Chief) | Article II, Commander in Chief clause. | [10][3]
| Make federal laws | Congress (House + Senate) | Article I, Sections 1 and 7. | [9][3]
| Sign or veto laws | President | Article I, Section 7 presentment and veto process. | [10][3]
| Interpret laws and the Constitution | Federal courts (ultimately Supreme Court) | Article III (judicial power). | [9][3]
| Confirm major appointments | Senate | Article II, appointments with advice and consent. | [10][3]
Why this is trending in discussions now
In recent years, people online keep circling back to constitutional “who has the power” questions whenever there is:
- A military action without a formal declaration of war.
- A big presidential executive order that looks “like legislation.”
- A controversial Supreme Court ruling that changes how a right is understood.
Each of these flash‑points is really a modern test of that old separation‑of‑powers design: Congress writes the law, the President executes it, and the courts say what it means.
Bottom note: Information gathered from public forums or data available on the internet and portrayed here.