This continuous ongoing debate about capitalism V socialism reminds me of the debate:
Who would win: superman or batman?
Laisse fair capitalism is impossible since in order to have markets, one must have rules (and a legal tender) to see to it that markets can even exist.
There is one bedrock foundation in the constitution which assures us that we live in a capitalist society...
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."