On the recordJanuary 7, 2026
this is an important debate we are having, and I will give you my view on how all of this works. Under the Constitution, two things occur: The President of the United States is designated as the Commander in Chief of the Armed Forces, not Congress. So the Commander in Chief is one person, the President. Declaring war is a duty of the Congress. In the case of modern times, it requires 535 people to vote. The question is, Can you use military force as the Commander in Chief without a declaration of war? The answer is yes. There have been five declarations of war in the history of the country: the Spanish-American War, the Mexican-American War, the War of 1812, World War I, and World War II. Only five times in the history of our Republic has the Congress exercised its responsibility and right to declare war--five times. Now, does that mean that other actions taken by the Commander in Chief don't exist where there were no declarations of war? The answer is no. They do exist. We have been able to find 130 examples of a Commander in Chief using military force without a declaration of war by the Congress and also without congressional authorization under the War Powers Act. One example is in 1989, when President Bush 41 literally invaded the country of Panama.
Source
govinfo.gov




