Guest Post by Jeffrey A. Tucker
In defense of regulatory mandates during oral arguments, the following words were spoken by Supreme Court Justice Sonia Sotomayor: “Why is a human being not like a machine if it’s spewing a virus?” For her, it is a simple matter: regulatory impositions rule the machine world so why not the human one too?
The question came across to listeners (millions heard these arguments for the first time) as shocking. How can anyone think this way? Human beings carry pathogens, tens of trillions of them. Yes, we infect each other, and our immune systems adapt as they have evolved to do. Still, we have rights. We have freedom. These have granted us longer and better lives.
The Bill of Rights doesn’t pertain to machines. Machines don’t comply with Constitutions. Machines have no volition. Machines are things that must be powered by external sources, programmed by humans, and behave exactly as they are managed to behave. If a machine doesn’t do what is expected, it is broken and therefore repaired or replaced.
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