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Well, since we are going for silliness... how would you then apply the 14th, or even decide whether it is applicable? Lets say to something that does not exist, or does not yet exist. Or perhaps you may apply to the empty space that exists between the planets... or maybe the space left unused between some folks' ears?
Its definitely a quandary, eh? But go ahead, give us an example... I am not unreasonable, convince me.
Courts do not decide the constitutionality of any law until a person actually is able to show the courts that they are in fact affected by said law in some way. That means if a law doesn't exist (or is not being enforced), it cannot be challenged.