I think that the problem is that some people read CoCs as essentially _legal documents_; and thus attempt to act as CoC lawyers. Thus the "I'm allowed make sexist jokes with impunity because Ruby's constitution says that opposing views must be tolerated" take.
Obviously, CoCs generally aren't written as foolproof legal documents, and there's no caselaw or court system, so this is kind of absurd. But one approach to rules-lawyering is always to tighten the rules to remove the loopholes that are being exploited, so... Personally I think it'd be better to add language emphasising that the CoC is merely a _guideline_, and that the moderators are judge, jury and executioner.