Deciding about budgetary exceptions: A political defense of the supremacy of the Constitution

Abstract

The supremacy of the Constitution is guaranteed both by the judiciary and the political branches. This paper develops an example of a political warrant of constitutional supremacy, that of budgetary exceptions through presidential order. This constitutional power belongs to the President only and obeys to the President’s constitutional function -to govern the Nation. Thus, it is a power driven by political prudence -essentially, it is a political power. Correspondingly, it is for Congress and not the Judiciary to control the exercise of such power.