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16 U. Tol. L. Rev. 405 (1984-1985)
Public Aid to Private Enterprise under the Ohio Constitution: Sections 4, 6, and 13 of Article VIII Historical Perspective

handle is hein.journals/utol16 and id is 415 raw text is: PUBLIC AID TO PRIVATE ENTERPRISE UNDER THE OHIO CONSTITUTION: SECTIONS 4, 6, AND 13 OF ARTICLE VIII IN HISTORICAL PERSPECTIVE David M. Gold* The Ohio constitutional convention of 1850-1851 adopted sections 4 and 6 of article VIII of the Ohio Constitution to keep the state and its political subdivisions from aiding or engaging in economic enterprises. In this article, Mr. Gold examines the adoption of these provisions and the controversies that have since surrounded them as beliefs in the proper limits of government have changed. He traces the constitutional history of public aid to private enterprise in Ohio through the ratification of section 13 of article VIII, which created important exceptions to the prior prohibitions, and considers recent court decisions on the subject. I. INTRODUCTION P ROFESSOR Paul Brest has discerned two major approaches to constitutional decision-making, originalism and adjudica- tion. Originalism is the method that accords binding authority to the text of the Constitution or the intentions of its adopters.1 Adjudication is the method of the common law, which derives legal principles from custom, social practices, conventional morality, and precedent.'2 Brest believes that the judiciary ought to protect fundamental values and the integrity of democratic processes,3 and that the courts can do this better through nonoriginalist adjudication than by guessing how other people meant to govern a different society a *B.A., State University of New York, Binghamton; M.A., Ph.D., J.D., Ohio State University. Mr. Gold currently is an attorney with the Ohio Legislative Service Commission. 1. Brest, TheMisconceived Questforthe Original Understanding, 60 B.U.L. REv. 204, 204 (1980). 2. Id. at 228-29. 3. Id. at 232.

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