Moreover, since both states in any conflict were held to be legitimate belligerents, states not directly involved in a conflict were taken to possess the right to choose to back either side or to remain neutral DCW 53— Verfassungslehre, According to Agamben,  Schmitt's conceptualization of the "state of exception" as belonging to the core-concept of sovereignty was a response to Walter Benjamin 's concept of a "pure" or "revolutionary" violence, which did not enter into any relationship whatsoever with right.
Hence, it seems that the view that all legitimate political authority depends on legal authorization is not as indefensible as Schmitt suggests Kaufmann— As long as the political theologian can make sure that the friend-enemy distinction survives, liberals will be forced to enter the arena of the political and to go to war against the partisans of the political.
The fact that a democratic constitution cannot endow a particular person with permanent sovereign authority does not entail that the possibility of a genuine sovereign decision on the exception has disappeared.
His claim or hope was simply that the Nazis have successfully restored normality but see Croce and Salvatore11— It is wrong, therefore, to regard a constitution as nothing more than the set of all particular constitutional norms, and to assume that all these norms are equally subject to constitutional amendment.
This is how he theorized Hitler 's continual suspension of the legal constitutional order during the Third Reich the Weimar Republic 's Constitution was never abrogated, emphasized Giorgio Agamben;  rather, it was "suspended" for four years, first with the 28 February Reichstag Fire Decreewith the suspension renewed every four years, implying a continual state of emergency.
To do so, his decision will need to be supported by a sufficiently large and powerful constituency.