Sandefur on the Origins of the Arizona Gift Clause @TimothySandefur @GoldwaterInst

Timothy Sandefur, Goldwater Institute, is publishing The Origins of the Arizona Gift Clause in the Regent University Law Review. Here is the abstract.

At least 45 state constitutions contain provisions barring the government from giving or lending public resources to private interests. Typically called “Gift Clauses,” they are a legacy of the nineteenth century, when many state and local governments were plunged into economic and political ruin as a consequence of subsidizing private industry. Over time, some state courts have essentially eviscerated them by adopting a lackluster “rational basis” standard, but in other states—notably Arizona—courts have diligently enforced these provisions, establishing precedent that lets government spend money for the public good, but prevents it from transferring taxpayer money or giving away other valuable benefits to private interests. This article examines the origins of the Arizona Constitution’s Gift Clause, and compares it with similar clauses in other state constitutions. Part I describes the philosophical and political concerns animating Gift Clauses. Parts II and III examine the history, focusing on the first and second waves of reform that led to the adoption of these clauses. Part IV discusses the origins of Arizona’s Gift Clause specifically, and draws conclusions relevant to today’s Gift Clause doctrine.

Download the article from SSRN at the link.