Who should decide what laws we have to follow and why ?

Laws should, by and large, reflect the society that they govern.

In an ideal world, a citizenry should be represented by people that look and act and reflect their worldview so that when laws are made, they reflect that society's norms and values.

There is an added complication, though, with the notion of "common law." Inherited from Great Britain, Common Law is, well, Judge made law. And Judges do not always, or even often, reflect the makeup of society.

So, new efforts are being made to elevate Judges who are more representative of the myriad of experiences in society because laws are made by all of us and reflect the experience of the totality of society.

the main reason that the constitution did not proclaim all men to be free and equal is because of the issue of slavery.