War Powers

Here is the problem with understanding which branch has the war power--the Constitution provides that the war power is a shared power, that both the President and the Congress have a not-so-well defined role.

Art. I, section 8 provides that Congress has the power "To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water."

Art. II, section 2 provides that "The President shall be commander in chief" of the armed forces.

 The Supreme Court is very reluctant to intervene in cases involving war and the use of military power.

As Dean Chemerinsky explains: "[T]he Supreme Court rarely has spoken as to the constitutionality of the president using troops in a war or war-like circumstances without congressional approval.  In fact, the only Supreme Court case to address the issue was in the unique context of the Civil war and the actions of the president to deal with the rebellion. In the Prize cases, the Court ruled that the president gad the power to impose a blockade on Southern states without a congressional declaration. No other Supreme Court case has addressed the constitutionality of presidential war making without a congressional declaration of war."