What does the state of nature have to do with political power?

Locke's definition of political power has an immediate moral dimension. It is a “right” of making laws… ... Beyond self-preservation, the law of nature, or reason, also teaches “all mankind, who will but consult it, that being all equal and independent, no one ought to harm another in his life, liberty, or possessions.”

“i think it is very plausible that if there are five votes to end the death penalty, it could be with the people who are on the court right now,” - smith

so basically it is not clearly and consistently imposed