The nut of the issue:
The problem is that, as the law stands today, economic liberties are not considered "fundamental" enough to merit special legal protection. And that means regulations of the economic sphere are subject to the least demanding level of legal scrutiny — "rational basis." They are considered justified, more or less, simply by virtue of the fact that they have made it through a legislature or city council.....
And that, in a nutshell, is how the economy got rigged — from bottom to top, from occupational licensing for hair braiders to ironclad intellectual property protections for tech billionaires. American law does not consider economic liberties to be "fundamental" in the way that, say, the right to have an abortion or the right to get a same-sex marriage are fundamental, and so regulations of economic life aren’t required, as matter of law, to have any practical relationship to the goals they are supposed to achieve.
And that means there has been very little to keep interest groups, large and small, from slowly rigging our economy with self-serving regulations under the guise of the public interest.
You rig an economy or a society by taking away the presumption of rights. This is obvious to everyone in contexts outside of commerce. The loss of that presumption in commerce is the key to so many of our social dilemmas.