Get the Facts: What’s the process to declare war?

Who has the power to declare war? As leaders use the word "war" in reference to Iran, here's what the Constitution says about Congress, the president and military authority.

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As debate continues over the impact of recent U.S. and Israeli strikes on Iran, some people, including lawmakers, are questioning whether those actions follow the U.S. Constitution. Both President Donald Trump and Defense Secretary Pete Hegseth have publicly used the word “war” when referring to Iran. But what’s the process of declaring war?The Constitution grants Congress – not the president – the authority to declare war. A formal declaration requires a majority vote in both the House of Representatives and the Senate. For example, the first war that was declared was the War of 1812. The House voted 79-49, while the Senate voted 19-13.The Constitution also names the president as Commander in Chief of the nation’s armed forces, giving the president the authority to use the military in situations deemed necessary for national security. The United States has engaged in major military conflicts without a formal declaration of war. Congress did not issue declarations of war for the Korean or Vietnam conflicts, nor for the wars in Afghanistan and Iraq. The term “war” is frequently used to describe such engagements because of their scale, casualties and military mobilization, even when no formal declaration has been issued.Article I of the Constitution assigns Congress the power to declare war, while Article II outlines the president’s authority as commander in chief. The Supreme Court has generally recognized the president’s ability to take military action, particularly in response to national emergencies or attacks.Following the Sept. 11, 2001, terrorist attacks, for example, President George W. Bush launched military operations under his commander-in-chief powers. Congress subsequently passed an Authorization for Use of Military Force (AUMF) against those responsible for the attacks.Since 1812, Congress has formally declared war 11 times, with the most recent declarations issued in 1942 during World War II.

As debate continues over the impact of recent U.S. and Israeli strikes on Iran, some people, including lawmakers, are questioning whether those actions follow the U.S. Constitution.

Both President Donald Trump and Defense Secretary Pete Hegseth have publicly used the word “war” when referring to Iran. But what’s the process of declaring war?

The Constitution grants Congress – not the president – the authority to declare war. A formal declaration requires a majority vote in both the House of Representatives and the Senate. For example, the first war that was declared was the War of 1812. The House voted 79-49, while the Senate voted 19-13.

The Constitution also names the president as Commander in Chief of the nation’s armed forces, giving the president the authority to use the military in situations deemed necessary for national security.

The United States has engaged in major military conflicts without a formal declaration of war. Congress did not issue declarations of war for the Korean or Vietnam conflicts, nor for the wars in Afghanistan and Iraq. The term “war” is frequently used to describe such engagements because of their scale, casualties and military mobilization, even when no formal declaration has been issued.

Article I of the Constitution assigns Congress the power to declare war, while Article II outlines the president’s authority as commander in chief. The Supreme Court has generally recognized the president’s ability to take military action, particularly in response to national emergencies or attacks.

Following the Sept. 11, 2001, terrorist attacks, for example, President George W. Bush launched military operations under his commander-in-chief powers. Congress subsequently passed an Authorization for Use of Military Force (AUMF) against those responsible for the attacks.

Since 1812, Congress has formally declared war 11 times, with the most recent declarations issued in 1942 during World War II.