Why are we bothering with a Constitution, then? Let's just have a direct democracy and be done with it.
All I know is that such granting of privileges does not violate the 14th amendment.
To extend the analogy a bit, the problem doesn't lie in the fact that Judge Moore has a nice dacha on the Black Sea, the problem is in his declaration that he's the only one who will have a nice dacha on the Black Sea...