The latest spat between Elon Musk and Donald Trump has moved from petty to poisonous. After months of barely concealed tension, Musk finally went on the offensive. For an overview of the events of the last 48 hours, see here, here, and here.
The two men, once mutual admirers, now represent opposing poles in the Republican constellation. This latest clash offers more than just tabloid drama for us to gossip about it underscores a deeper institutional problem: why do entrepreneurs as talented as Musk get pulled into the dark gravity well of rent-seeking politics?
Musk’s career is a study in duality. On one hand, he is the archetype of the Schumpeterian entrepreneur: making life slightly better for millions of people through innovations in things like payment systems. On the other, he has repeatedly deployed his political acumen to extract subsidies from governments. Tesla’s early growth was underwritten by generous tax credits, SpaceX relies on NASA contracts, and his energy ventures have gorged on regressive green subsidies. Musk is certainly not unique in this regard—he merely illustrates with exceptional clarity the tragic misallocation of genius that occurs when institutions permit, or even incentivize, rent-seeking entrepreneurship. Imagine the gains to human welfare if all of Musk’s talents had been directed solely at solving engineering problems rather than navigating political patronage.

William Baumol was one of the most versatile and influential economists of the 20th century, whose career spanned over six decades and touched virtually every subfield of economics from labour markets to innovation theory to the economics of art. Baumol spent much of his academic life at Princeton and later at NYU. While he published extensively on the theory of the firm and macroeconomic policy, his most enduring contribution to entrepreneurship studies came in the form of a deceptively simple insight: that entrepreneurship is not inherently productive. In his seminal 1990 paper, Entrepreneurship: Productive, Unproductive, and Destructive, Baumol argued that while the supply of entrepreneurial talent may be more or less fixed across societies (only a certain proportion of people are born with the genes that make them good entrepreneurs), how this scarce resource is allocated is highly sensitive to the institutional environment. In societies with strong property rights, the rule of law, and competitive markets, entrepreneurs are more likely to engage in innovation and socially beneficial enterprise. In contrast, in institutional contexts that reward rent extraction, through bribery or lobbying at the royal court—the same entrepreneurial energy may be directed toward unproductive or even destructive ends. Baumol’s typology reframes the policy debate: the problem is not a shortage of entrepreneurship per se, but the set of incentives that determine where entrepreneurial effort is deployed. His work reminds us that the entrepreneur is not always the hero of capitalism; he or she is whatever the institutional context incentivises him or her to be.
William Baumol’s typology remains a commonly used lens through which to understand this phenomenon. In his formulation, entrepreneurship is neither inherently good nor bad—it is merely energy. Whether it is productive, unproductive, or destructive depends on the institutional context. In the Gilded Age, many American factory owners lobbied for tariff protection to protect their margins from foreign competition. Thomas Edison got rich by spending long hours in his laboratory producing innovative products that genuinely made life better for ordinary people. That’s socially productive entrepreneurship. Other entrepreneurs of that same era got rich by hanging around in smoke-filled rooms in Washington trying to get the details of the schedule of tariffs altered. Today, too many entrepreneurial energies are expended on capturing regulators, designing market-thwarting rules, and lobbying for subsidies. The returns to such behaviour can be immense, and perversely, in some socio-political systems, more reliable than those from genuine innovation. Hence the tragedy: the institutional architecture, not the intrinsic morality of entrepreneurs, determines whether entrepreneurial energies go toward inventing better mouse-traps or rent-seeking (e.g., hanging around the court so you can ask the monarch to give you a monopoly on the salt trade or something).
Institutional theory seeks to explain the ultimate causes of economic growth not in terms of resources or geography, but through the quality and structure of a society’s institutions, the formal and informal rules that govern human interaction. The foundational figure in this tradition is Douglass North, who won the Nobel Prize in 1993 for his work demonstrating that well-defined property rights, enforceable contracts, and predictable legal systems are essential preconditions for sustained economic development. North’s key insight was that institutions shape the incentives that individuals and organizations face: when the institutions reward productive entrepreneurship, economies flourish.
More recently, Daron Acemoglu and co-authors have built on and extended this framework, arguing that the deep determinants of prosperity lie in the presence of what he and his co-authors call “inclusive institutions”—those that create broad-based opportunities and constrain the arbitrary exercise of power. His work, especially Why Nations Fail, has powerfully influenced both academic and policy discourse, which is why he got the Nobel Prize. Acemoglu’s arguments, like North’s, are ultimately about incentives: inclusive institutions direct effort toward innovation and wealth creation, while extractive institutions channel energy into rent-seeking, repression, and elite entrenchment. Taken together, institutional theory provides a compelling answer to one of economics’ most profound questions: why some nations grow rich while others remain poor.
This brings us to the central insights of the paper I co-authored with Graham Brownlow, “Informal Institutions as Inhibitors of Rent-Seeking Entrepreneurship”. In this paper, which was published in a journal called Entrepreneurship Theory and Practice, We examined why the United States, despite having formal constitutional rules that ostensibly promote market competition, saw such variation over time in the degree to which entrepreneurs engaged in rent-seeking behaviour. One of our key findings was that the effectiveness of anti-rent-seeking provisions, such as the anti-aid clauses that were inserted into many state constitutions during the Jacksonian era, depended not merely on their formal wording, but on how judges interpreted them. Judicial scepticism towards governments using taxpayer funds to help specific firms had a chilling effect on collusion between politicians and entrepreneurs. State efforts to subsidize politically connected firms were routinely struck down. In that institutional climate, rent-seeking became a riskier and therefore less attractive strategy for an entrepreneur trying to get rich.
We argue that the shift in judicial philosophy after 1915 rendered many of these formal constraints inert. Courts began to defer to legislative decisions, even when these transparently served private interests rather than public welfare. The result was an institutional environment increasingly friendly to rent-seeking. Even though the constitutional text remained constant, its meaning had been transformed by a shift in thinking of the judges. This insight underscores the fragility of formal constraints.
The key policy implication of our research is that the ultimate effectiveness of institutions in curbing rent-seeking entrepreneurship hinges on the moral and intellectual commitments of judges. Constitutions can inhibit rent-seeking only if the judiciary interprets them in that spirit. Judicial philosophies, which are shaped by public opinion, legal culture, and broader intellectual currents, determine whether the constitutional order channels entrepreneurial energy into productive or parasitic endeavours. The tragedy is that when these interpretive norms erode, talented individuals like Musk are rationally induced to play the political game rather than innovate in the marketplace.
Still, we should not end on a pessimistic note. Recent judicial decisions suggest that at least some parts of the American judiciary are reawakening to the dangers of rent-seeking entrepreneurship. If this trend continues, it may yet be possible to restore a climate in which entrepreneurship is once again skewed toward the productive. The battle between Musk and Trump is a mere symptom. The deeper issue is institutional. If we want more Musks designing rockets and fewer Musks manoeuvring for subsidies, we need courts that stand firmly against rent-seeking.

