What will the "state of exception" lead to?

I found an article that discussed a conversation between Carl Schmitt, associated with the “state of exception” concept, and a man named Walter Benjamin. Benjamin stated:

“The tradition of the oppressed teaches us that the “state of exception” in which we live is the rule. We must arrive at a concept of history which reflects this. Then it will become clear that our mission is the introduction of a genuine state of exception; and our position in the struggle against Fascism will benefit from it. Fascism has a shot in part because its opponents, in the name of progress, treat it as a historical phenomenon.—But the astonishment that what we are experiencing is “still possible” in the twentieth century is not a philosophical reaction. It is not the beginning of recognition, unless by recognition we mean that the conception of history on which it rests is unsustainable.”

–Walter Benjamin, Über den Begriff der Geschichte: VIII. geschichtshistorische These (1940) in: Gesammelte Schriften, vol. I/2, p. 697 (S.H. transl.)

We can see from this statement the importance of carefully examining our history and the validity of the state of exception to see if it has become the rule. In becoming the rule the government would be taking advantage of this “state of exception” and allowing a totalitarian rule to form. The article draws a parallel to America after 9/11 in which parts of the Constitution were suspended by the president as a precautionary measure which is something we discussed in class (with the airport situation and violation of people’s privacy).

I think it would definitely be important to consider this idea because it has been seen throughout history that people often take advantage of power, and eventually dictatorship and complete government control occurs. Although I am not sure we will see a Julius Caesar or even a Hitler in our time again, the possibility is always there. Of course after a tragedy such as 9/11 happens, the government is justified in wanting to help protect the people from any further harm, but who is to say that the government will not continue to invade people’s privacy and their rights? When is the right time to end the “state of exception” and bring back those rights given by the Constitution?

This idea can also apply to our discussion of torture. If we allow one state of exception for one instance of torture then we are giving people the notion that torture is sometimes okay. This cannot work in such an extreme violation of human rights. Once it is justified one time then it would surely become justified at other times and could lead to much worse conditions. Torture needs to be accepted as always wrong and not sometimes justified based on what people think; Varying people have different ideas of what could be warranted and, as humans are flawed, so would the system which establishes when torture is justifiable.

Here’s the article if you want to check it out. I thought it was pretty interesting.

http://harpers.org/archive/2010/05/hbc-90007047