I, Section 8 definitively states that it is the Congress that has the power "to declare war," "to raise and support armies," "to provide and maintain a navy," "to provide in calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions," and "to provide for organizing, arming, and disciplining the militia" (Martin and Roberts 1989, A6). The Congress was also given in Article I, Section 8 the power "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers" (Martin and Roberts 1989, A6).
Conversely, Article II, Section 2 identifies the president as commander-in-chief of the army and the navy and of the militia of the several states "when called into the actual service of the United States" (Martin and Roberts 1989, A7). Article III defines the judicial power of the Supreme Court and other courts established by the Congress and accords to the Supreme Court powers that extend "to all cases, in law and equity, arising under this Constitution
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