It is up to the government to create rules that are clearly defined and not arbitrary and capricious as the 5th amendment dictates. The 14th amendment was found

It is up to the government to create rules that are clearly defined and not arbitrary and capricious as the 5th amendment dictates. The 14th amendment was found to retroactively apply the bill of rights to all government entities and it will have taken centuries for this standard to be the default way governments interact with their people. The side effect of this is that clear rules create the way to circumvent them. When irreconcilable the courts are how this has to be resolved, and I believe what I wrote is a factor in that argument as municipal governments regulations reactionary based on a the sentiments of a very small number of people.