It's cherry picking, plain and simple.
On one hand: "You can't base an argument about what the rules should be upon what the rules currently are"
On the other: "The rules state you must move on your turn, so a player who's been stalemated must be compelled to move, and to place his king en-prise at which point it can be taken"
I could just as easily put higher priority on the rules that prohibits moving your king into check and argue that this makes the stalemate rule logical and necessary, but then Monster would call me a goldfish and return to his argument about not citing existing rules despite the fact that he's doing exactly the same thing.
why do you guys keep missing the point ?
Im not al all saying dont cite the current rules...
Im saying dont base your conclusion about which system of rules is better with this thinking process:
"current rules dont have [technical] inconsistencies AND they are current, therefore they are best"

Perhaps the ability to claim a draw on three-fold repetition and after the 50 move rule should also be reviewed in light of the all compelling requirement that players move when it's there turn. I mean, the clock's there to ultimately decide the game, so why should the player in the defensive position get a draw here? In both cases, one player almost always has the initiative so he should be awarded the win.
Or maybe we could just skip the middle man and jump right to a game of hot potato.