Question

Who has the constitutional power to declare war?

Answer 1

Answer:

Congress

Explanation

Answer 2

explanation/answer

without the consent of the U.S. Congress. The Resolution was adopted in the form of a United States Congressional joint resolution. It provides that the U.S. President can send the Armed Forces into action abroad only by declaration of war by Congress, "statutory authorization," or in case of "a national emergency created by attack upon the United States, its territories or possessions, or its armed forces."

The War Powers Resolution requires the President to notify Congress within 48 hours of committing armed forces to military action and forbids armed forces from remaining for more than 60 days, with a further 30-day withdrawal period, without a Congressional authorization for use of military force (AUMF) or a declaration of war by the United States. The resolution was passed by two-thirds of each of the House and Senate, overriding the veto of the bill from President Nixon.

It has been alleged that the War Powers Resolution has been violated in the past – for example, by President Bill Clinton in 1999, during the bombing campaign in Kosovo. Congress has disapproved all such incidents, but none has resulted in any successful legal actions being taken against the president for alleged violations.