[Tomte]

Isn't that so obvious that it's reasonable to say it's by design?

I think this specific flavor of jury trials, gun ownership and the second amendment, this insanely broad free speech thing, they all are consequences of the same fact:

America optimizes for resilience against a hypothetical future totalitarian regime and happily sacrifices acceptable outcomes in the present.

I'm not convinced it achieves even the former, but that's obviously highly controversial.