If our primary interest is stating what the law should be, then how the law was originally sold to voters is a minor point. Very charitably, it might be argued that my views are different to the average voter, and so in a democracy I should argue for laws that reflect the opinions of voters. But if we were to reform the laws, the voters would be asked to make another choice, and I so would rather spend my effort in convincing lawmakers and voters based on all the arguments and evidence available.