A capitalist never chooses that investment in which, according to his understanding of the future, the danger of losing his input is smallest. He chooses that investment in which he expects to make the highest possible profits.
The fragmentation of power into many small local units is likely to make oppression of minorities more difficult. On the other hand, consolidation of power into a single popularly-elected Congress posed a grave threat to the rights of ordinary Americans.
When police ineptly scanned a car's license plate and wrongly decided the car was stolen, they proceeded to force a group of children to the ground at gunpoint. Will this qualify as a rights violation if "qualified immunity" is absent? The courts will decide.
Behavioral economists and psychologists define as irrational anything that doesn't fit into a narrow model of behavior. Anything "irrational"—like buying the "wrong" stock—must be fixed with government regulation.