U.S. Constitution · Article I, Section 8, Clause 11
Declare War Clause; Marque and Reprisal Clause
Alerts when a new grade, SI Solution or Think Tank idea cites Art. I, § 8, cl. 11.
Also known as: Declare War Clause · Marque and Reprisal Clause
This clause gives Congress the power to declare war, authorize marque and reprisal, and make rules for captures on land and water.
Live in the VFA record
Cited in 4 SI Solutions and 28 grades this month.
70 public items cite this provision · 32 in October 2026 (last month: 2)
Citations per week, last 12 weeks
The text
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
National Archives transcription (public domain; original spelling and capitalization). archives.gov
SI explainer
What it means
Original meaning
- “Mr. MADISON and Mr. GERRY moved to insert "declare," striking out "make" war; leaving to the Executive the power to repel sudden attacks. Mr. SHARMAN thought it stood very well. The Executive shd. be able to repel and not to commence war.” James Madison, Madison's Notes of Debates in the Federal Convention, August 17, 1787 (1787-08-17)
- “Mr. GERRY never expected to hear in a republic a motion to empower the Executive alone to declare war. Mr. ELSWORTH . there is a material difference between the cases of making war and making peace. It shd. be more easy to get out of war, than into it.” James Madison, Madison's Notes of Debates in the Federal Convention, August 17, 1787 (1787-08-17)
- “The constitution supposes, what the History of all Govts demonstrates, that the Ex. is the branch of power most interested in war, & most prone to it. It has accordingly with studied care, vested the question of war in the Legisl.” James Madison, James Madison to Thomas Jefferson, April 2, 1798 (1798-04-02)
- “In this respect his authority would be nominally the same with that of the king of Great Britain, but in substance much inferior to it. It would amount to nothing more than the supreme command and direction of the military and naval forces, as first General and admiral of the Confederacy; while that of the British king extends to the DECLARING of war and to the RAISING and REGULATING of fleets and armies, all which, by the Constitution under consideration, would appertain to the legislature.” Alexander Hamilton, The Federalist No. 69 (1788-03-14)
How the Supreme Court has read it
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The Prize Cases, 67 U.S. 635 (1863)
The Court upheld President Lincoln's 1861 blockade of Southern ports. It held that the President could respond to an insurrection as a war without awaiting a congressional declaration of war.
Two schools of interpretation
Originalist / textualist reading
Originalists and textualists read the clause by its original public meaning: Congress holds the power to declare war and to authorize related measures such as marque and reprisal and rules for captures, while the President as commander in chief may direct forces and repel sudden attacks. They emphasize the Convention's change from make to declare war as evidence that commence-war authority belongs to Congress and defensive response belongs to the executive. On this reading, the text and its founding explanations supply the fixed standard for allocating war authority, and later practice is assessed against that standard.
Living-constitutionalist reading
Living-constitutionalists and pragmatists read the clause as setting a durable principle — legislative control over entry into war — whose application must adapt to changing forms of conflict and the need for rapid response. On this view, the distinction between declared war and other authorized or defensive uses of force has developed through practice and judicial decisions, including recognition that a President may respond to attack or insurrection without awaiting a declaration. The text remains a check on unilateral war-making, but its work is done through the broader relationship between Congress and the President rather than through a formal declaration in every instance of armed conflict.
Open questions
The main unsettled questions concern the line between declaring war, which the text assigns to Congress, and other uses of military force, including what counts as repelling a sudden attack and what authorization Congress must give for sustained hostilities absent a formal declaration.
SI-generated explainer · passed automated checks (Constitution citation, every quotation verified word for word against its public-domain source, every case from a verified case record, independent SI critic) · not individually reviewed by a person · published 2026-10-18 · methodology · Report an error: hello@valuesforamerica.com
Cited in the VFA record
“Where this provision is cited”
SI Solutions (12)
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Corrected Order for Defense Supply of Elemental Phosphorus and Farm Inputs Under Existing Law
2026-10-16
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Western Hemisphere Anti-Cartel Partnership Authorization Act
2026-10-15
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SI Bipartisan War Powers Compliance and Force Protection Proposal for Iran Hostilities
2026-10-08
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SI Proposal: Clarify Contractor Accountability Within Military Orders
2026-10-08
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Foreign Military Sales Industrial Base Planning Act of 2025
2026-08-22
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Veterans Financial Security and Recoupment Reform Act of 2025
2026-08-10
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Defense Critical Materials Domestic Procurement Act of 2026
2026-07-29
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First Rhode Island Regiment Congressional Gold Medal Act – Constitutional Tightening
2026-06-16
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Lebanon Troop Withdrawal Authorization and Oversight Act of 2025
2026-06-07
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Allied Defense Sales Streamlining Act of 2025
2026-05-13
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Secure Allied Defense Sales Authorization Act
2026-05-13
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Capped and Sunset Foreign Military Financing Loan Act of 2026
2026-05-13
grades (28)
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H.R. 8665: Allied Defense Sales Act
2026-10-14 · Grade A (Constitutional)
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S.J.Res. 185: A joint resolution to direct the removal of United States Armed Forces from hostilities within or against the Islamic Republic of Iran that have not been authorized by Congress.
2026-10-13 · Grade A (Constitutional)
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S.J.Res. 172: A joint resolution to direct the removal of United States Armed Forces from hostilities within or against the Islamic Republic of Iran that have not been authorized by Congress.
2026-10-13 · Grade A (Constitutional)
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S.J.Res. 184: A joint resolution to direct the removal of United States Armed Forces from hostilities within or against the Islamic Republic of Iran that have not been authorized by Congress.
2026-10-13 · Grade A (Constitutional)
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S.J.Res. 124: A joint resolution to direct the removal of United States Armed Forces from hostilities within or against the Republic of Cuba that have not been authorized by Congress.
2026-10-13 · Grade A (Constitutional)
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S.J.Res. 114: A joint resolution to direct the removal of United States Armed Forces from hostilities within or against the Islamic Republic of Iran that have not been authorized by Congress.
2026-10-13 · Grade A (Constitutional)
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S.J.Res. 123: A joint resolution to direct the removal of United States Armed Forces from hostilities within or against the Islamic Republic of Iran that have not been authorized by Congress.
2026-10-13 · Grade A (Constitutional)
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S.J.Res. 138: A joint resolution providing for congressional disapproval of the proposed foreign military sale to the Government of Israel of certain defense articles and services.
2026-10-13 · Grade A (Constitutional)
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S.J.Res. 180: A joint resolution to direct the removal of United States Armed Forces from hostilities within or against the Islamic Republic of Iran that have not been authorized by Congress.
2026-10-13 · Grade A (Constitutional)
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S.J.Res. 116: A joint resolution to direct the removal of United States Armed Forces from hostilities within or against the Islamic Republic of Iran that have not been authorized by Congress.
2026-10-13 · Grade A (Constitutional)
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S.J.Res. 118: A joint resolution to direct the removal of United States Armed Forces from hostilities within or against the Islamic Republic of Iran that have not been authorized by Congress.
2026-10-13 · Grade A (Constitutional)
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H.J.Res. 68: Providing for congressional disapproval of the proposed foreign military sale to Israel of certain defense articles and services.
2026-10-11 · Grade B (Mostly sound)
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H.J.Res. 69: Providing for congressional disapproval of the proposed foreign military sale to Israel of certain defense articles and services.
2026-10-11 · Grade A (Constitutional)
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H.Con.Res. 75: Directing the President, pursuant to section 5(c) of the War Powers Resolution, to remove the United States Armed Forces from hostilities against the Islamic Republic of Iran.
2026-10-10 · Grade A (Constitutional)
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H.J.Res. 72: Relating to a national emergency by the President on February 1, 2025.
2026-10-10 · Grade A (Constitutional)
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H.R. 747: Stop Chinese Fentanyl Act of 2025
2026-10-10 · Grade C (Significant issues)
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H.Con.Res. 61: Directing the President, pursuant to section 5(c) of the War Powers Resolution, to remove United States Armed Forces from hostilities with presidentially designated terrorist organizati
2026-10-09 · Grade A (Constitutional)
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H.Con.Res. 68: To direct the removal of United States Armed Forces from Venezuela that have not been authorized by Congress.
2026-10-09 · Grade A (Constitutional)
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H.Con.Res. 40: Directing the President, pursuant to section 5(c) of the War Powers Resolution, to remove United States Armed Forces from hostilities with Iran.
2026-10-09 · Grade A (Constitutional)
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H.Con.Res. 38: Directing the President pursuant to section 5(c) of the War Powers Resolution to remove United States Armed Forces from unauthorized hostilities in the Islamic Republic of Iran.
2026-10-09 · Grade A (Constitutional)
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S. 1318: Fallen Servicemembers Religious Heritage Restoration Act
2026-10-08 · Grade D (Likely unconstitutional)
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H.Con.Res. 93: Directing the President, pursuant to section 5(c) of the War Powers Resolution, to remove United States Armed Forces from hostilities with Iran.
2026-10-08 · Grade A (Constitutional)
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S. 1071: National Defense Authorization Act for Fiscal Year 2026
2026-10-08 · Grade A (Constitutional)
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H.Con.Res. 86: Directing the President, pursuant to section 5(c) of the War Powers Resolution, to remove United States Armed Forces from hostilities with Iran.
2026-10-08 · Grade A (Constitutional)
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H.Con.Res. 89: Directing the President, pursuant to section 5(c) of the War Powers Resolution, to remove United States Armed Forces from hostilities with Iran.
2026-10-08 · Grade A (Constitutional)
Showing the 25 most recent. All 28: JSON.
roll-call votes (30)
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Senate roll call 244 (2026): On the Concurrent Resolution on H.Con.Res. 89
2026-09-24 · Concurrent Resolution Rejected · official record
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House roll call 307 (2026): On Agreeing to the Resolution on H CON RES 93
2026-09-15 · Passed · official record
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House roll call 282 (2026): On Agreeing to the Resolution on H CON RES 89
2026-07-23 · Passed · official record
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Senate roll call 207 (2026): On the Motion to Discharge on S.J.Res. 180
2026-07-23 · Motion to Discharge Rejected · official record
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Senate roll call 192 (2026): On the Motion to Proceed on S.J.Res. 185
2026-06-24 · Motion to Proceed Rejected · official record
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Senate roll call 184 (2026): On the Concurrent Resolution on H.Con.Res. 86
2026-06-23 · Concurrent Resolution Agreed to · official record
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Senate roll call 174 (2026): On the Motion to Discharge on S.J.Res. 172
2026-06-16 · Motion to Discharge Rejected · official record
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Senate roll call 164 (2026): On the Motion to Proceed on S. 1318
2026-06-05 · Motion to Proceed Rejected · official record
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House roll call 199 (2026): On Agreeing to the Resolution on H CON RES 86
2026-06-03 · Passed · official record
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Senate roll call 129 (2026): On the Motion to Discharge on S.J.Res. 185
2026-05-19 · Motion to Discharge Agreed to · official record
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House roll call 170 (2026): On Agreeing to the Resolution on H CON RES 75
2026-05-14 · Failed · official record
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Senate roll call 113 (2026): On the Motion to Discharge on S.J.Res. 184
2026-04-30 · Motion to Discharge Rejected · official record
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House roll call 142 (2026): On Passage on S 1318
2026-04-29 · Passed · official record
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Senate roll call 108 (2026): On the Point of Order on S.J.Res. 124
2026-04-28 · Point of Order Well Taken · official record
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Senate roll call 88 (2026): On the Motion to Discharge on S.J.Res. 114
2026-04-22 · Motion to Discharge Rejected · official record
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House roll call 114 (2026): On Agreeing to the Resolution on H CON RES 40
2026-04-16 · Failed · official record
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Senate roll call 79 (2026): On the Motion to Discharge on S.J.Res. 123
2026-04-15 · Motion to Discharge Rejected · official record
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Senate roll call 81 (2026): On the Motion to Discharge on S.J.Res. 138
2026-04-15 · Motion to Discharge Rejected · official record
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Senate roll call 69 (2026): On the Motion to Discharge on S.J.Res. 116
2026-03-24 · Motion to Discharge Rejected · official record
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Senate roll call 58 (2026): On the Motion to Discharge on S.J.Res. 118
2026-03-18 · Motion to Discharge Rejected · official record
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House roll call 85 (2026): On Agreeing to the Resolution on H CON RES 38
2026-03-05 · Failed · official record
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House roll call 65 (2026): On Passage on H J RES 72
2026-02-11 · Passed · official record
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House roll call 48 (2026): On Agreeing to the Resolution on H CON RES 68
2026-01-22 · Failed · official record
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House roll call 345 (2025): On Agreeing to the Resolution on H CON RES 61
2025-12-17 · Failed · official record
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Senate roll call 648 (2025): On the Motion to Concur in the House Amendment on S. 1071
2025-12-17 · Motion Agreed to · official record
Showing the 25 most recent. All 30: JSON.
Roll-call votes are listed when the measure voted on has a current Constitution Index grade citing this provision. Counts include only published items.
Cite this page
Values for America Constitution Explorer, https://www.valuesforamerica.com/constitution (text: National Archives transcription, public domain), Article I, Section 8, Clause 11, https://www.valuesforamerica.com/constitution/article-1/section-8/clause-11
Data: this provision as JSON.