In 1960 the Wisconsin Constitution was amended to enable the state to engage in the improvement of port facilities.' In contrast, New York State did not encounter any constitutional difficulty in the erection of the Erie Canal in 1825. Surprisingly, it was the construction of this canal that triggered a chain of events culminating in the broad constitutional language which necessitated this 1960 amendment. This language is found in article VIII, section 10. "The state shall never contract any debt for works of internal improvement, or be a party in carrying on such works .... "
This broad constitutional prohibition of state activity has created problems throughout its 113 year history. From every indication, it will continue to cause problems in the future. The purpose of this Comment is to determine the present meaning of this provision. Also, an attempt is made to evaluate its usefulness in light of the events that have transpired since the adoption of the constitution in 1848. A brief history of the provision is essential to complete understanding of its meaning and significance.