If corporations are people, and corporations cannot be incarcerated, is it a fair legal argument to object to incarceration on the grounds of the equal protections clause?
If the Constitution mandates that there be three, co-equal branches of government, is it a fair legal argument to claim the filibuster illegal on the grounds that it (the legislative branch) requires a stricter test (3/5ths vote to end debate) to get anything done than the other two branches (both of which rely upon a simple majority for all decisions)?