GRANDFATHER CLAUSE: An entry from Thomson Gale's West's Encyclopedia of American Law.The Grandfather Clause - Genovese Jr, Philip A.Although these original grandfather clauses were eventually ruled unconstitutional, the terms grandfather clause and grandfather remain in use, with no connotation regarding the justness of these provisions when applied in other situations. The intent and effect of such rules was to prevent poor and illiterate African American former slaves and their descendants from voting, but without denying poor and illiterate whites the right to vote. Southern states, which created new literacy and property restrictions on voting, but exempted those whose ancestors ( grandfathers) had the right to vote before the Civil War. The term originated in late nineteenth-century legislation and constitutional amendments passed by a number of U.S. This extends the idea of a rule not being retroactively applied.

Often, such a provision is used as a compromise or out of practicality, to effect new rules without upsetting a well-established logistical or political situation. For example, a 'grandfathered power plant' might be exempt from new, more restrictive pollution laws, but the exception may be revoked and the new rules would apply if the plant were expanded.

Frequently, the exemption is limited it may extend for a set period of time, or it may be lost under certain circumstances. Those exempt from the new rule are said to have grandfather rights or acquired rights. A grandfather clause is a provision in which an old rule continues to apply to some existing situations while a new rule will apply to all future cases.

Grandfather clause history definition