I think the easy out is that deferring to the electorate to make the choice eliminates the need for the state. The purpose of the constitution is to effectively ensure that the will of the electorate isn’t overrode by the actions of the elected. (Also some tyranny of the majority stuff too).
But if you start from the original democratic principle that the people while power it would become fairly easy to argue that unless it explicitly stated something having the electorate make the decision rather than judges provides a lot of cover.
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