The Declare War Clause, Part 5: The Civil War (CRS Report for Congress)
| Release Date |
Sept. 30, 2024 |
| Report Number |
LSB11234 |
| Report Type |
Legal Sidebar |
| Authors |
Steve P. Mulligan |
| Source Agency |
Congressional Research Service |
Summary:
This Legal Sidebar is the fifth part of 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 by Congress and highlights interbranch
practices that illuminate the executive and legislative branches’ sometimes differing interpretations of the
clause. Additional information on Congress’s war powers and the President’s powers as Commander-inChief can be found in the Constitution Annotated.
