Roger Passman-Fischel 
Homo Sacer and the State of Exception Under a Trump Re-Election
Agambian Political Philosophy: Homo Sacer and America’s Democratic Vulnerability
Agambian political philosophy best addresses the threat to American Democracy. This threat may well be understood through reading Giorgio Agamben’s Homo Sacer and/or State of Exception,or both; each illustrating how governments can redefine certain groups as legally unprotected, subject to the whims of executive power. Agamben theorizes that by declaring specific people outside the protection of the law, the state
can treat them as expendable, wielding unchecked authority that threatens democratic norms. This philosophy becomes especially relevant when considering a possible re-election of Donald J. Trump. His previous presidency showed an unprecedented embrace of executive orders, divisive policies, and emergency declarations. Agamben’s warning about states exploiting crises to cement power takes on immediate significance when viewed in this context. Trump’s return to office could deepen the “state of exception,” redefining American governance by making extraordinary power the new standard.
Re-Election and Homo Sacer: Immigrants and Political Opponents as “Expendable”
Agamben’s Homo Sacer concept is strikingly relevant to Trump’s stance on undocumented immigrants and political opponents. Under his administration, U.S. immigration policies became a de facto “exceptional” zone, where undocumented people were stripped of rights and subject to arbitrary detention. In Agamben’s terms, these people were redefined as “bare life”—existences without political protection, held in overcrowded and understaffed facilities. Trump’s designation of undocumented individuals as threats, using terms like “invasion” or “infestation,” reflects a framework where individuals can be excluded from democratic protections altogether. He transformed these people into expendable figures outside the law.
This treatment aligns closely with Agamben’s fears of a government’s ability to weaponize legal power against marginalized groups. Trump’s actions, such as forcibly separating families and holding them indefinitely in ICE detention, show a clear move toward an authoritarian style that sidelines democratic norms. If re-elected, his approach toward “undesirable” populations might intensify. Scholars note that his first term institutionalized Agamben’s homo sacer within American policy; his second could further cement it as the standard, sidelining millions from basic protections (De Genova, 2020).
The State of Exception under Trump: Expanding Executive Power through Crisis Accounted for by Agambian Political Philosophy
Before moving on I want to make it clear that Agambian Political Philosophy is an anti-authoritarian warning rather than a philosophy that is implemented in a Democratic Republic.
Agamben’s State of Exception critiques how governments normalize authoritarian measures by declaring states of emergency. During his previous administration, Trump aggressively expanded executive authority by invoking crises to bypass Congressional oversight. Agamben’s theory suggests that each time a leader suspends legal norms in the name of “necessity,” democracy suffers. Trump’s repeated declarations of national emergencies, including the 2019 border “crisis,” illustrate this.
If Trump returns to office, the potential for another pandemic or economic upheaval could justify even more expansive measures, sidelining Congress and courts. Agamben argues that this constant redefinition of “crisis” positions the leader above legal constraints, normalizing a state of governance that disregards checks and balances (Agamben, 2020). Trump’s first term laid the groundwork for this erosion; his return could see an even more aggressive use of emergency powers.
During COVID-19, Trump’s selective use of emergency declarations and executive orders signaled this shift toward an Agambenian state of exception. For example, he exercised broad authority to restrict travel, redirect funds, and influence health policies. Scholars argue that his administration’s initial disregard for a coordinated pandemic response reflected a preference for executive power over collaborative governance, marginalizing expert guidance in favor of political objectives (Brown, 2021). This trend demonstrates how a re-elected Trump could readily leverage emergencies to consolidate power, bypassing democratic procedures.
Media and Agambian Political Philosophy: Undermining Political Opponents and Controlling Information
In Agamben’s framework, media manipulation further supports a state’s control over dissenting voices by designating them as expendable. Trump’s dismissive rhetoric toward journalists, labeling them “enemies of the people,” reflects Agamben’s concept of homo sacer in the media landscape. He effectively cast journalists and critics outside the democratic protections that safeguard a free press, equating criticism with disloyalty. Agamben’s critique of authoritarianism becomes particularly relevant here, as he warns that states can strip rights from those labeled “dangerous” or “undesirable.”
This treatment of journalists as expendable threatens a core democratic principle. If re-elected, Trump’s stance against dissenting media could worsen, with journalists and news organizations potentially facing restrictive policies, defamation lawsuits, and limited access to information. Media silencing directly threatens democracy by eliminating platforms for accountability, making homo sacer a metaphor for the government’s assault on free speech.
Agamben’s Warning: How Trump’s Re-Election Could Cement Authoritarian Norms
Agamben’s work serves as a critical lens for understanding the risks posed by Trump’s potential second term. Agamben argues that once a government establishes norms of unchecked authority and “exceptional” measures, they become difficult to reverse. Trump’s first administration normalized executive overreach, sidestepping democratic processes by branding critics and immigrants as threats to national security. This, Agamben warns, marks a shift toward an authoritarian state where “bare life” and the state of exception become everyday governance.
The U.S., Agamben suggests, risks sliding into a quasi-authoritarian model that undercuts democratic structures and places executive power beyond reproach. Trump’s potential return could see these authoritarian mechanisms deepened, sidelining the Constitution’s principles to achieve political goals at the expense of civil liberties. The state of exception, then, becomes the framework for governance, with democracy itself transformed into a façade of procedural checks with little substance.
Conclusion: Agambian Political Philosophy and the Fight for American Democracy
Agamben’s Homo Sacer and State of Exception warn that democracies are vulnerable to shifts toward authoritarianism under the guise of crisis response. The prospect of a Trump re-election, in Agamben’s terms, would likely entrench this erosion of democratic principles. By designating specific populations as expendable and using emergencies as justification for increased control, Trump’s administration exemplifies Agamben’s cautionary message.
In a democracy, sidelining rights for convenience signals the end of a truly open society. Agamben’s work urges vigilance against the normalization of unchecked power, calling on citizens to question when “protection” undermines their very freedoms.
Sources Cited
Agamben, G. (2020). State of Exception. University of Chicago Press.
Brown, W. (2021). American Crisis: Democracy and the State of Exception. Oxford University Press.
De Genova, N. (2020). The Borders of ‘Bare Life’: Immigration and Exception in America. Duke University Press.
Suggestions for Future Reading
- De Genova, N. (2020) – The Borders of ‘Bare Life’: Immigration and Exception in America Examines how immigration policies parallel Agamben’s concept of homo sacer.
- Brown, W. (2021) – American Crisis: Democracy and the State of Exception Analyzes U.S. governance during COVID-19 in light of Agamben’s theories.
- Agamben, G. (2005) – State of Exception Agamben’s primary work on how governments justify extraordinary power.
- Esposito, R. (2012) – Immunitas: The Politics of Immunity Explores the state’s power to control public health and individual rights.
- Arendt, H. (1973) – The Origins of Totalitarianism Foundational text analyzing authoritarian tendencies in democratic systems.
- Moyn, S. (2021) – Human Rights and Emergency Politics Examines how emergency politics affect democratic norms.
- Foucault, M. (2008) – Security, Territory, Population A foundational text discussing biopolitics and state control.
- Benjamin, W. (2006) – Critique of Violence Examines the nature of state power, providing context for Agamben’s theories.
- Menjívar, C. (2019) – Immigration, Security, and Bare Life in America A study of how U.S. policies enforce vulnerability in immigrant communities.
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