It rests up on law. Without law and the respect of the people therein, the state is just guns and shackles and prisons, taking and bribing. This is why it is so interesting to watch the left seek to put their partisan in the Wisconsin Supreme Court for the express purpose of reversing a constitutionally passed law that they happen to dislike. Like with Roe and many other decisions, the statists make the mistake of tearing at the very thing that gives the state legitimacy.
For if there is no faith in the law, how can people support the state? Why not just set up one's own set of gansters and call yourself the 'state'?
Althouse has more:
Wisconsinite law professor Ann Althouse sees no good outcomes from this: "This race has been so politicized that, whether Prosser or Kloppenburg wins, the public will lack faith in the work of the Wisconsin Supreme Court. Every 4-3 decision -- assuming the winner of this election is one of the 4 -- will raise suspicion. The power of the court, in the end, rests on the faith of the people. It cannot balance the power of the other branches of government without the faith that this election has eroded. This is why I think a Kloppenburg victory will be a disaster. Her supporters and her opponents expect her to vote to undo the legislation of the Republican majority that won decisively in the November election. If she proceeds to decide cases that way, people -- including her supporters -- won't believe that her vote was properly judicial, and the decision against the legislation will look like the court abused its power. How then will the court retain its prestige? If the people do not believe that the court is a court, then we will not have a workable system of separated powers in our state government."
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