With regard to the risks and dysfunctions that could have derived from the recognition of the power of control and custody of the supremacy of the Constitution to a judicial body that would be responsible for issuing legal rulings regarding the constitutionality of the law, and whose most paradigmatic exponent was Hans Kelsen, much had to be thought both by authors as well as by statesmen, responsible for its implementation. Put another way, the practice of the constitutional courts, with their excesses and shortcomings, should not surprise us or even result in abandonment of this institutional scheme to make way to schools of thought and political currents that consider the Constitution merely a political decision – yes, a fundamental one, according to Carl Schmit – but, in consequence, dependent on the deciderata of the majority. The control of constitutionality is not, in that perspective, anything more than political power.