The city of Tupelo is in the process of drafting new regulations for food truck operators within the city limits.

According to the Daily Journal, city leaders hope to have an ordinance before the council in October. This has been in the works for some time now, with leaders talking about food truck regulations back in May.

At that time, Councilman Willie Jennings said, in proposing the regulations, “I just want to make sure the established businesses are protected.” Another councilman, Markel Whittington, said brick-and-mortar restaurants have requested food truck regulations. While he didn’t feel food trucks posed a ‘threat’ to those restaurants, he believed it was appropriate for government to act ‘on behalf of select business interests.’

“I think we have to protect some of our taxpayers and high employers,” he said.

The proposed ordinance would likely prohibit food trucks from operating on public property along major thoroughfares. Major thoroughfares include virtually all of Main and Gloster streets, two of the most prominent retail areas in the city.

And they also happen to be where most food trucks are currently located.

When Tupelo leaders began discussing food truck regulations, Mississippi Justice Institute, the legal arm of Mississippi Center for Public Policy, sent a letter to the city warning of litigation if these regulations passed.

“The very regulation Tupelo is discussing—a regulation about how close a food truck should be to a restaurant—was found to be unenforceable just this past December in Baltimore. Food truck regulations around the country have been challenged over and over in court, from Louisville, to San Antonio, to Chicago, and many places in between. Cities ultimately realize that these kinds of cases are very hard to defend,” the letter said.

More recently, the city of Carolina Beach, North Carolina repealed it’s prohibition on out-of-town food trucks from serving the city after a lawsuit was filed by the Institute of Justice. Under the law that has since been scrapped, only brick-and-mortar restaurants that have been in business for more than one year could run a food truck.

“It is a shame that it took a lawsuit to convince the town to repeal such an obviously unconstitutional law,” Justin Pearson, senior attorney at IJ said. “I’m hopeful that this vote will signal the end to the town’s attempt to use the power of government to favor a handful of established businesses over the region’s entrepreneurs.”

Food trucks are already regulated like brick-and-mortar establishments. They must already obtain a license from the city and the state, along with a health permit from the Department of Health.

This past session, Mississippi joined a number of other states in reforming civil asset forfeiture laws.

Lawmakers allowed the administrative forfeiture provision to sunset, meaning the previous law ceased to be in effect at the end of June. In response, Mississippi Center for Public Policy and the Mississippi Justice Institute joined with Empower Mississippi and national conservative organizations in thanking the legislative leadership for ending administrative forfeiture in the state.

Administrative forfeiture allows agents of the state to take property valued under $20,000 and forfeit it by merely providing the individual with a notice. An individual would then have to file a petition in court to appeal. This had the net result of requiring the individual to pay an often-large legal bill to get his or her property back. This, naturally, has an outsized negative effect on low-income households.

Asset forfeiture reforms

Until 2017, Mississippi was the wild west of sorts when it came to civil asset forfeiture. In 2015, the Mississippi Bureau of Narcotics, along with local police departments, seized nearly $4 million in cash.

They seized amounts as low as $75. They seized trucks, cars, ATVs, riding lawnmowers, utility trailers, and 18-wheelers; an arsenal of assorted handguns, shotguns, and rifles; cell phones, cameras, laptops, tablets, turntables, and flat screen TVs; boat motors, weed eaters, and power drills; and one comic book collection, according to a report from Reason.

And that does not include numbers from police departments that work independently of the Bureau of Narcotics. Until 2017, they didn’t track or publish asset forfeiture data.

Moreover, family members, especially parents, often have their cars or other property seized for the alleged crimes of their children. This happens even though the parents are not connected to the illegal activity. For example, in 2015, the Desoto County Sheriff's Department agreed to return a 2006 Chevy Trailblazer owned by the mother of the petitioner, Jesse Smith, in exchange for $1,650.

In 2017, the legislature provided needed reforms. Now, seizing agencies must obtain a search warrant issued by a judge within 72 hours of seizing property. And all forfeitures are posted on a publicly accessible website. Repealing administrative forfeiture is another important step.

Voters oppose civil forfeiture 

Polling shows a large cross-section of Mississippi voters oppose the practice of civil asset forfeiture.

According to a poll from 2016, 88 percent of voters oppose civil forfeiture, including 89 percent of Republican voters. Every category of Mississippi voter identified in the poll — by race, age, sex, political party and district — is against police taking property from people not convicted of a crime.

By reforming the civil forfeiture system, Mississippi is adopting policies that are in-line with voters in the state and reforms that other states have enacted.

New regulatory action for home sharing is bad policy for taxpayers and is harmful for tourism.

An industry lobbyist who is also a member of government and is proposing government action that would affect his or her industry, is clearly conflicted by interests. In fact, it would be hard to find a better example of a clear and direct conflict of interest.

By proposing government regulatory action against the home-space-exchange platforms, like Airbnb and their users, Biloxi City Council President Kenny Glavan voluntarily put himself into such a conflict. In addition to his government position, Glavan is also president of the Mississippi Hotel and Lodging Association and an employee of a Biloxi Hotel and Casino. But putting all of the conflicts aside, his ideas are just not good public policy.

Uber, Lyft, Airbnb and other companies that use mobile platforms to enable people to exchange goods and services are serving an important role in our economy - one that has played out for centuries – creative destruction.

Trying to regulate these companies in ways analogous to taxis and hotels limits the innovation of all competitors and leads to regulatory capture, where companies are rewarded more for their relationships with policymakers than for their relationships with customers. Airbnb already has major financial incentives for protecting consumers and behaving well – it’s called the free market. In the mobile/digital world, where consumer rating information is ubiquitous, reputation is everything. In short, it is in the best interest of Airbnb and other home-space-exchange platforms to ensure consumers and providers are not harmed. In fact, it’s in their best interest to ensure the experience is enjoyable.

Providing enjoyable experiences for constituents through the short-term rental industry has been good for Biloxi’s tourism economy and for other locales across the state. According to data from Airbnb, more than 5,000 guests booked stays with homeowners in Biloxi in 2017. Those homeowners earned over $760,000 in such transactions. Statewide, more than 50,000 visitors stayed in roughly 1,300 homes across Mississippi last year, generating more than $6.4 million for homeowners and who knows how much more for local businesses where tourists spent money on meals, shopping, and other things.

It is understandable why people working in the hotel industry are upset by this disruption and by the fact that these platforms and their users are not governed by the same regulatory burdens of the hotel industry. The same can be said of the taxi industry. The incumbents in these industries have paid a regulatory cost. Rather than trying to impose old regulations on new, innovative, customer-focused players, we should consider deregulating the existing industries so that competition is enhanced and innovation is incentivized. The way to achieve this is through the free market. Writing new regulations and trying to enforce old ones encourages cronyism.

If we want Mississippi to grow and prosper, we’ve got stop allocating so much of our resources to lobbying and favor seeking. We need those resources in the private sector, where customer-based innovation thrives. That’s the only way to get long-term, sustainable, economic growth. That’s how Mississippi’s economic pie gets larger. Without it, we’re just fighting for the pieces – and those with the entrenched relationships among the political class will always get more.

This column appeared in the Sun Herald on August 12, 2018. 

Few policy reforms have been as popular as welfare-to-work. Why, then, is the U.S. Senate trying to kill state efforts at encouraging able-bodied adults to get a job?

Welfare-to-work was one of the signature policy wins of the 1990s, resulting in the 1996 Personal Responsibility and Work Opportunity Reconciliation Act.

The legislation was signed by President Bill Clinton, after being shepherded through Congress by House Speaker Newt Gingrich and Senate Majority Leader Trent Lott, who recognized welfare had become a trap for many Americans.

The two most important features of the federal law were time limits on how long recipients could remain on welfare and work requirements for those on welfare. Both of these reforms were targeted at able-bodied, working-age adults on cash assistance (TANF) and food stamps (SNAP).

The positive impact of federal welfare reform is well documented. A 2004 report by the left-of-center Brookings Institution states: “The welfare-to-work objective was predicated on a simple proposition: poor families are better off employed than on welfare.

Jobs are the best antidote to poverty. The work requirements have helped increase the employment rate of single mothers, lowering welfare dependency and child poverty.”

In particular, poverty rates for black children reached an all-time low.

In spite of its immense success and popularity, the temptation to reverse federal welfare-to-work and related reforms has been unrelenting. Even though he signed PRWORA, Clinton crafted an expansive waiver process that had already started to undo some of PRWORA’s gains by the time he left office.

President George W. Bush not only failed to reign in the waiver process, he oversaw passage of the 2002 Farm Bill (in his defense, he vetoed the 2008 Farm Bill), which loosened food stamp requirements even more, including opening up the program to noncitizens.

Then, beginning in 2009, the Obama administration used the Great Recession in an attempt to unilaterally–and thus illegally–dismantle TANF work requirements.

To say the least, the waiver process under the Obama administration was not transparent.

As late as 2013, no state had even formally applied for a TANF work waiver. Instead, regional offices pressured state welfare agencies to accept various waivers, allowing longstanding policies to be overturned with a single email. Most state lawmakers, and some governors, were unaware that their human services departments had even requested such waivers.

The results soon became evident. Whereas only 12 states had obtained statewide permission to waive food stamp work requirements before Obama took office in 2009, two years later 47 states were waiving food stamp work requirements.

This stampede was aided by the American Recovery and Reinvestment Act, which also suspended the work requirement nationwide for two years (2009 and 2010). Food stamp participation rates–and food stamp spending–skyrocketed, with spending doubling under the Obama administration, even as it had already doubled under Bush.

With food stamp spending hitting $80 billion in 2013, lawmakers in conservative states started ringing the alarm bell.

Kansas was one of the first states not to renew its waiver. In doing so, Kansas merely reverted to what the 1996 welfare reform law actually says–that able-bodied adults without children are only eligible for food stamps for three months every three years.

After three months, these adults have to find work, volunteer, or obtain job training in order to remain on welfare. Kansas tracked what happened to those able-bodied adults who cycled off their state rolls. Almost two-thirds obtained employment within a year, many finding permanent well-paying jobs in a variety of industries. Other quality-of-life measures, like marriage rates, also increased.

Here in Mississippi, the poorest state in America, lawmakers first started pressuring for change in 2015. In 2016, Gov. Phil Bryant declined to renew Mississippi’s waiver. And in 2017, the legislature codified that Mississippi could not waive federal work requirements for SNAP.

The $867 billion Farm Bill (H.R.2) just passed by the U.S. Senate threatens to undo this reform for Mississippi, as well as Arkansas, Florida, Kentucky, Missouri, and West Virginia. The subterfuge was accomplished by deleting 7 U.S.C. 2015(o) and moving the work requirement to 7 U.S.C. 2015(d). This occurs on p. 295 and pp. 326-327 of the 1,242-page Senate bill and is a textbook illustration of why it is bad practice to amend laws by reference without indicating what is being changed.

At best, the substitution creates unnecessary confusion. At worst, the result for Mississippi and the aforementioned states is to invalidate their state laws that specifically cite subsection 2015(o) in eliminating the work requirement waiver.

It is tempting to believe the Senate didn’t realize that in the back and forth of crafting the Farm Bill it might be gutting state efforts at helping able-bodied adults find work. Given the tendency of past Farm Bills to expand welfare eligibility, the artful deletion seems intentional.

This assumption is buttressed by the Senate’s tabling of a floor amendment aimed at reforming the food stamp waiver process altogether. In any event, the offending language needs to be fixed now that the Farm Bill is headed to conference.

As demonstrated in a new study by the Employment Policies Institute, more generous welfare entitlements lead to more poverty and more people on welfare.

Whatever the benefits of a targeted and limited safety net for families in crisis, able-bodied adults should be expected to work. Allowing these folks to remain on food stamps indefinitely is personally and socially destructive.

It is immoral that the U.S. Senate is not only doing nothing to free people from the welfare trap, it is also trying to stop states from doing so themselves.

This column appeared in the Daily Signal on July 6, 2018. 

Conservatism is a word I’ve heard a lot since moving here to take the position as CEO of Mississippi’s conservative think tank, the Mississippi Center for Public Policy. It seems almost everyone considers himself a conservative. I’m discovering the word has lost some of its meaning, though. It has become interchangeable with the GOP or with one’s views on the Second Amendment or on being pro-life. But those definitions of conservative are not wholly accurate. More importantly, they’re not enough. A conservative is also willing to stand up to encroaching power of all forms of government, to the growing corporatism that seeks to govern us from the boardroom, and to the menace to our society that is a progressive culture.

To make Mississippi a leader in economic growth, entrepreneurship, job creation, and prosperity, we have to make progress on the issue of our long-standing dependence on government. We have to change our public policy. We need to value work, remove barriers to risk-taking, free parents to choose the education path that works for their own children, and leverage the power of the private enterprises of faith, family, non-profits, and private organizations. The faith-based and philanthropic generosity of Mississippians is amazing. It can create so much good, but we have to prevent government from competing with this philanthropy. The best solutions in civil society come from local, efficient, effective, temporary actions where a personal relationship ensures mutual accountability. This is how we used to solve the problems in our civil society.

There are far too many Mississippians who seek to petition government to do this work. Worse, too many individuals and companies are looking to the government for a contract, a job, a partner, or protection from competition. When we allow government to become the Holy Grail in this way, we weaken the free market. We create a disincentive to the formation and deployment of capital. We thwart the opportunity for all Mississippians to prosper. What’s more, such reliance on government ensures only those with power have significant influence on Mississippi, including determining who represents us in the legislative and executive branches of our government.

What makes a “conservative” is not a party or allegiance to a particular leader or political campaign, but the power of ideas. As conservatives, our ideas are based on bedrock values and fundamental truths. Freedom is a policy that works. A limited and restrained government is the essence of our system. And the principle of ordered liberty holds it all together. Our goal at the Mississippi Center for Public Policy is to play a leadership role in building a Mississippi where individual liberty, opportunity, and responsibility reign because government is limited. We believe this is the only way nations, states, and cities have ever enjoyed durable prosperity.

If we remain committed to these ideas and work hard to convince others of their value, we can all experience a Magnolia renaissance. And we can say conservatism made it possible. Real conservatism. The kind of which Bill Buckley, Ronald Reagan, and Milton Friedman spoke. The kind where we are free to pursue our individual liberty and speak our minds. The kind where we encourage people to take action and take risks in pursuit of their happiness. The kind where we take personal responsibility for our futures and stop looking for government to solve all of our problems.

There is an important role for government but it must be limited. Government functions best when it is closest to the people and when it is open and transparent. And the states are the best avenue for getting things done. Although our national government continues to grow into an unwieldy and bureaucratic swamp, our country is still federalist. We are a collection of semi-sovereign states. Federalism is a conservative idea. As Reagan stated in his first inaugural address, “The federal government did not create the states; the states created the federal government.” Thanks to our founding fathers, the real political and policy power is supposed to belong to the states.

Though I’ve lived in Mississippi for only a few months now, I’ve come to learn that y’all are not very fond of people telling you what to do, especially not people in Washington, D.C. I admire that. That’s a conservative thing, too. That independence goes to the heart of the conservative movement. It was present at our founding. It was what compelled Bill Buckley to start National Review. It was what gave us Ronald Reagan and Donald Trump. And if we harness it, conservatism will lead us to a prosperous Mississippi—a Mississippi where individual liberty, opportunity, and responsibility reign because government is limited.

Mississippi has a recidivism problem that’s jeopardizing public safety and burdening taxpayers. As of 2013, the Magnolia State had the nation’s third-highest incarceration rate per capita. What’s more, research suggests that around 95 percent of Mississippi’s enormous prison population will eventually be freed. And, unfortunately, around three quarters of those released will likely reoffend within five years.

There are policies, however, that can be implemented to help reverse this trend. Researchers have demonstrated that the formerly incarcerated are more likely to return to crime if they cannot find stable employment upon release. But many employers will not hire or even interview someone with a criminal record regardless of their crime, which often leads to long-term unemployment for these individuals. In fact, surveys suggest that 60-75 percent of the formerly incarcerated are jobless up to a year after their release.

Consequently, several states have enacted “second chance” legislation to better these individuals’ odds of landing decent jobs. “Second chance” measures aim to address the unemployment issue by enabling the formerly incarcerated to expunge their records of petty, first-time offenses. Mississippi should similarly strive to remove barriers to employment for these individuals.

Mississippi already has a program that allows certain first-time offenders to petition the court to seal their criminal records. However, these individuals aren’t permitted to have their records expunged under this program if they have been convicted of a misdemeanor traffic offense, such as a DUI. Considering that at least 1 percent of drivers are arrested for DUIs each year, an inordinate number of people are struggling to find gainful employment due to a one-time DUI offense.

DUIs and similar low-level traffic offenses ought to be treated the same as other misdemeanors for the purposes of the first-offender program. Mississippi could follow Texas’ lead in this regard by allowing first-time DUI offenders who registered a 0.14 blood alcohol content or lower to petition for expungement.

Individuals are also ineligible for first-time offender-status — and therefore cannot have their criminal records sealed — if they have been convicted of specific, nonviolent felonies, including many drug crimes. Nationally, 16 percent of inmates are imprisoned due to drug-related crimes. While it isn’t entirely clear how many of these are first-time-offenders, this statistic shows that a large number of individuals could benefit from a fresh start. Mississippi should therefore append more non-violent drug crimes to the list of expungement-eligible offenses.

Also, in many cases, Mississippians who were over 21 years old at the time of their offense are precluded from having their records sealed. Like juveniles, adults over the age of 21 make mistakes and deserve a second chance after their first violation. As a result, Mississippi ought to include more of those who were over 21 years old at the time of their crime into its first-time-offender program.

Even when offenders actually qualify to have their records sealed, they can’t request an expungement until five years after they have completed their sentence. By that point, many of the formerly incarcerated have already been dealing with criminal background-related joblessness. Like Texas, Mississippi ought to avail the first-time-offender program to individuals immediately upon their completion of court requirements to enable them to quickly obtain work.

Mississippi’s occupational licensing system also impacts formerly-incarcerated individuals’ ability to find employment. Like most states, Mississippi requires state licenses for myriad jobs. While most licenses don’t have strict criminal background requirements, many boards can reject applications based on prior convictions, thereby preventing people from working. Rather than allowing this, the state ought to permit boards to only consider convictions directly related to their industry and allow prospective employers to decide whether they wish to hire someone with a record.

Finally, each of these reforms should be applied retroactively in order to provide past offenders the same second chance as present ones.

Mississippi’s current law is clearly fraught with limitations and desperately needs updating. These proposed measures should not be misinterpreted as being soft on crime. Rather, they are about giving first-time offenders an opportunity to become productive citizens after they’ve been prosecuted and punished for their crimes. These reforms are simply smart public policies. They can decrease the number of formerly-incarcerated people whom Mississippians financially support through various entitlement programs. Further, these reforms would reduce recidivism rates, benefiting the general public with a safer society and reduced tax burden.

Work gives people purpose and contributes to a stronger economy and civil society.

A prospering Mississippi requires putting as many individuals to work as possible. Let’s give the formerly incarcerated the chance to become employed, productive members of society.

This column appeared in the Clarion Ledger on June 24, 2018.

The Tupelo city council is considering regulating food trucks in the city but not for reasons you may suspect.

It is not because the food trucks are unclean. It is not because they are unsafe. There hasn’t been any report of a massive wave of citizens becoming ill after enjoying a meal from a local food truck.

And the food trucks aren’t operating illegally. They still go through the same health and safety regulations of a traditional restaurant.

According to a recent article in The Northeast Mississippi Daily Journal, city leaders are looking to regulate food trucks as part of an effort to protect brick-and-mortar restaurants within the city limits.

Picking winners and losers

The food trucks are simply competition, and apparently the city of Tupelo is interested in favoring one type of industry over another.

We all agree that there are general standards than any business that is serving food must meet. That is already being done in Tupelo. No cities, however, should be in the business of saying you must be located a certain distance from an established restaurant. Or you can only have food trucks for certain special events or weekends.

City leaders should encourage food trucks. They should be proud that food trucks want to be in their city. A look around any growing or dynamic city across the country will show an emerging food truck sector. That should be celebrated, not overregulated.

This is about more than food trucks

We should be encouraging people to become entrepreneurs. To follow their passion. This extends beyond just food trucks and touches every area of our economy.

Too often government leaders just think about what already exists or what is already providing a tax revenue. And then we feel threatened if competition rises up. As anyone who has ever been part of the private sector will tell you, competition is a good thing. Businesses grow (or fail). And consumers win.

The reason taxis have fought Uber or Lyft is not because you or I can’t drive people to where they want to go. Picking someone up at the airport and driving them to a hotel is not some proprietary work that an untrained professional cannot do. Rather, it is monopoly one sector of an industry had. They lost that monopoly because, like all monopolies, innovation, risk taking, and customer service was absent from the taxi industry.

Rather than get better or more competitive, monopolies reach out to the government to protect them. We saw this when the ridesharing economy was born and expanded. We have seen it with the homesharing economy. We see it with food trucks. And I am certain we will see it in other areas of our economy in the future.

Unfortunately, as we have witnessed in almost every case, the government mindset has been to overregulate and protect what it is already there. To choose winners and losers.

That should not be the job of government. That should be the job of the individual citizens. Because if they don’t like what food trucks in Tupelo are providing, the market will decide who the winners and losers are. We don’t go to government websites to choose which restaurant or hotel we will visit. We go to peer review sites or apps.

Encouraging entrepreneurship and letting the market decide is the answer that Tupelo’s city council should be choosing. It works in cities all across America. And it will work in Tupelo if government leaders will just let the citizens decide for themselves.

Memo to activist CEOs: Dust off your notes, open your textbooks, and reread the basics of corporate finance taught at every credible university. The fiduciary responsibility of a CEO is to safeguard the company’s assets and acknowledge this overriding principle: “It’s not our money but that of the shareholders.”

In today’s heated political climate, some executives have rejected the fundamentals in favor of short-term publicity for themselves and their corporations. When several CEOs quickly resigned over the past few days from the now-disbanded White House Council on Manufacturing, they cited personal views or political disagreement as their reason for leaving. Those may be truthful reasons, but are they in the best interests of the companies they represent? Wouldn’t shareholders be better off with their interests represented in this powerful group of government officials who control regulatory policy?

Some might call Merck CEO Kenneth Frazier’s decision to resign from the council brave, but his company would have gained a significant competitive advantage from retaining its seat on the council. Shareholders may have legitimate questions about the risk of Mr. Frazier’s bravery. And if high-profile CEOs have the authority to take such risks, should they bear responsibility for any long-term damage to shareholder value? We say yes.

Target Corp. shareholders have watched helplessly since last year as another case of political posturing played out in North Carolina, where we work and live. Target’s activist CEO, Brian Cornell, responded to the state’s contentious House Bill 2, also known as the bathroom law, by announcing a new “inclusive” bathroom policy in April 2016. What were the results? Plummeting sales due to a widespread boycott, an erosion of market share and, most important, a 40% drop in Target’s stock price between April 2016 and July 2017. That devastation equated to a $20 billion loss of shareholder value while the market rose 15% in that same period.

For the owners of the company—the thousands of small shareholders and the millions of Americans whose pension plans own Target stock—this performance did not affect their annual incomes, but it affected their life savings and retirement. They got sucker-punched. They should punch back.

When shareholders suffer damages at the hands of corporate management, they can pursue one of two legal remedies: class-action suits, in which multiple plaintiffs belonging to a defined “class” join a suit seeking compensation, or shareholder derivative lawsuits, in which company managers are sued on behalf of all shareholders. Take your pick, Target shareholders. Willful and controversial CEO activism shouldn’t be viewed any differently from malfeasance or bad policies. They all reek of leadership malpractice.

In the landmark 1919 case Dodge v. Ford, the Michigan Supreme Court laid out the ruling that has guided corporate America ever since. Ford Motor Co. must make decisions in the interests of its shareholders, the court ruled, rather than in a charitable manner. The case is often cited as affirming the principle of “shareholder primacy.” The ruling affirmed a wide latitude in running a company, but also noted “a corporation should have as its objective the conduct of business activities with a view to enhancing corporate profit and shareholder gain.”

Did Mr. Cornell really see a rational link between shareholder gain and Target’s inclusive bathroom policy? When Howard Schultz of Starbucks decides to take away Christmas cups or hire refugees as a challenge to President Trump, and the stock fares miserably compared with its competition, do the coffee chain’s 24,000 small shareholders have the right to sue? Again, we say yes.

Justin Danhof, general counsel for the National Center for Public Policy Research, travels the country to attend shareholder meetings of public corporations. According to Mr. Danhof, “activism is driven by the CEOs’ belief that progressive ideas are popular among media and that good public relations follows those who espouse those views.” This might explain why 127 companies signed on to oppose Mr. Trump’s immigration executive order or why 68 companies opposed North Carolina’s HB2—even before enough information was available to understand either.

Our message to small shareholders of companies like Starbucks, Merck and Target: You can sue when a CEO decides to institute a corporate social-responsibility program that has no benefit to the business. If you want to ensure shareholder primacy is protected, keep your legal options open.

This column appeared in the Wall Street Journal on August 18, 2017.

After watching "The Masters" recently, I realized how much professional golf is like the free market.

Think about it. Golfers compete in one of the only major sports that does not use a socialistic design to ensure outcomes. There are no salaries, just winnings. You cannot guarantee outcomes in golf, only opportunities. The pay in pro golf is in direct proportion to a player's willingness to practice, prepare, and compete. Win or make cuts and you earn; miss cuts and you find a new profession or become a teaching pro. A golfer can decide not to play in a particular tournament or to play in every one, but the decision and consequence belongs to the golfer. No team plane takes golfers to tournaments; no team hotel rooms and meals are arranged and paid for; no team trainer wakes the golfer up and tells him where to be and when.

Golf is the ultimate in personal responsibility. And you can probably already tell golfers are my favorite athletes.

Many people believe pro golfers were born with a silver spoon and have not really "worked" to earn their economic status. They just walk around and hit a ball, they say. And they had to be rich to learn the sport in the first place.

The critics are wrong, though. It’s kind of the way many on the Left believe most high-earners and achievers somehow found their success on the backs of others rather than through schooling, dedication, sacrifice, discipline, talent, and time.

If you want proof the Left is wrong on golf, look at Arnie and Tiger. They’re arguably two of the best players in the history of the game. They’re certainly two of the biggest earners. Both were raised in working class families, not posh neighborhoods. They took advantage of their opportunities. They proved that, in this country, you have the opportunity to do and be just about anything if you are willing to put in the work and take the risk.

You know what else? Pro golfers, The Masters, the PGA, and other professional golf organizations are the biggest contributors to charity in all of professional sports. It isn't even close. More evidence that private enterprise and private citizens can do valuable and measurable things without government assistance.

If only we could govern the nation in such a limited way.

Golf is a beautiful example of an efficient, free-market system. The players respect the game, they respect the players who came before them, and they respect the amateurs and fans who keep the sport healthy. They wear their shirts tucked in, their hats on straight, and they shake hands with their competitors at the conclusion of the match—win, lose, or draw. America's children (and more than a few adults) could learn a lot from the game of golf.

Jon L. Pritchett (@tobaccoroadguy) is president and CEO of the Mississippi Center for Public Policy, the state’s non-partisan, free-market think tank. Prior to joining MCPP, Jon was senior vice president of the John Locke Foundation. He also worked as an investment banker, executive, and entrepreneur over a 28-year career in private business. His opinions have been published in the Wall Street Journal, Forbes, the Washington Examiner, The Federalist, the Foundation for Economic Education, and many local newspapers.