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The U.S. Constitution grants Congress the sole power to declare war, while the president is designated as commander in chief of the armed forces. This means that the president cannot take actions that put the United States in a state of war without Congress's approval, such as military attacks on a foreign nation. However, the president does have the power to order the military to respond to attacks and imminent threats.

The War Powers Act of 1973, passed in response to the Vietnam War and other conflicts, further constrains the president's war-making powers. The act requires the president to notify Congress within 48 hours of deploying troops and to get congressional approval for extended military actions beyond 60 days. The act has been controversial, with the executive branch arguing for more flexibility and the legislative branch arguing for maintaining its check on presidential power. Some scholars argue that the act has not succeeded in ensuring that presidents adequately consult Congress during military crises, and there are ongoing debates about amending or repealing the act.