Bartlett v. Alabama Alcoholic Beverage Control Board

To me, the meaning of the constitutional prohibition “nor shall the state be interested in any private or corporate enterprise” hinges on the words “[to] be interested in,” “private,” and “corporate,” rather than on the word “enterprise.”

I concede that an “enterprise” is “[a] business venture or undertaking.” Black’s Law Dictionary 531 (6th ed. 1991). I concede that the sale of liquor and wine at retail for off-premises consumption is an enterprise. I concede that “ ‘the state [had] the right and power to provide for the sale of intoxicating liquors solely through state stores,’ ” Bartlett v.…