The Declare War Clause, Part 1: Overview and Introduction (CRS Report for Congress)
| Release Date |
Sept. 30, 2024 |
| Report Number |
LSB11230 |
| Report Type |
Legal Sidebar |
| Authors |
Steve P. Mulligan |
| Source Agency |
Congressional Research Service |
Summary:
This Legal Sidebar is the first installment in an eight-part series that discusses the Declare War Clause in
Article I, Section 8, Clause 11 of the Constitution, which grants Congress the power “To declare War,
grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water[.]” The
power to take the nation to war is a central element of the Constitution’s scheme of war powers, but
interpretation of the Declare War Clause is complex and evolving. This Sidebar series discusses the
Supreme Court’s jurisprudence related to declarations of war and highlights interbranch practices that
illuminate the executive and legislative branches’ sometimes differing interpretations of the clause.
Part 2 of this series discusses the Declare War Clause’s background, drafting, and ratification history. Part
3 introduces authorizations for use of military and force and examines the ongoing debate over initiating
military action. Parts 4 through 8 cover relevant jurisprudence and interbranch practice by surveying early
American conflicts; the Civil War; the Spanish-American War through the Second World War; the Cold
War and Korean War; and the Vietnam War through 21st
-century conflicts. Additional information on
Congress’s war powers and the President’s powers as Commander-in-Chief can be found in the
Constitution Annotated.
