Right. Well, it is sometimes important to distinguish between the is and the ought of a particular thing, in this case, the sovereign exception. Emergency provisions are a staple of modern government and we see them invoked all the time (most recently in the Ukraine). Whether exceptions should be instituted, whether they really solve the problem, etc. — that is really up to the reader to decide, and much depends on the particular theoretical school and political outlook one is working from. Agamben, for instance, is greatly influenced by Foucault, Arendt, and Heidegger, and continuing their train of thought leads Agamben to deal with more of the ought-side of the exception than is of concern here.