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Supreme Court found such provisions unconstitutional in " Guinn v. According to Black's Law Dictionary, some southern states adopted constitutional provisions exempting from the literacy requirements descendants of those who fought in the army or navy of the United States or of the Confederate States during a time of war.Īfter the U.S. The term was born from the fact that the law tied the then-current generation's voting rights to those of their grandfathers. An exemption to these requirements was made for all persons allowed to vote before the American Civil War, and any of their descendants. In response, some states passed laws requiring poll taxes or supposed literacy tests from would-be voters. Earlier prohibitions on voting in place prior to 1870 were nullified by the Fifteenth Amendment. The original grandfather clauses were contained in new state constitutions and Jim Crow laws passed from 1890 to 1910 in much of the Southern United States to prevent blacks, Native Americans, Mexican Americans, and certain whites from voting. This extends the idea of a rule not being retroactively applied.A portion of a statute that provides that the law is not applicable in certain circumstances due to preexisting facts. Often, such a provision is used as a compromise, to effect new rules without upsetting a well-established logistical or political situation. For example, a "grandfathered power plant" might be exempt from newer and tougher pollution laws.
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It is often used as a verb: to "grandfather" means to grant such an exemption. English for an exception that allows an old rule to continue to apply to some existing situations, when a new rule will apply to all future situations. A grandfather clause is a term used in U.S.