I already did a dozen times on this thread alone. Obviously you are blinded by your secret allegiance to Mitt Romney.
Your premise is the rule is arbitrary and for such to be true you must define the word arbitrary like I have done previously and they make your case. FOR THE RULE TO BE ARBITRARY ACCORDING TO THE DEFINITION OF THE WORD IT MUST HAVE BEEN CREATED AND SUBJECT TO INDIVIDUAL WILL WITHOUT RESTRICITON; CONTINGENT SOLELY UPON ONE'S DISCRETION.
Now present your evidence that the rule was created thusly.