Grandfather clause

Grandfather clause

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. Those exempt from the new rule are said to have grandfather rights or acquired rights. Often, the exemption is limited; it may extend for a set time or it may be lost under certain circumstances.

History

The term originated in the late 19th century in the United States. Southern states enacted various laws to disenfranchise African American voters. One such method was the grandfather clause, which allowed potential white voters to circumvent literacy tests, poll taxes, and other tactics designed to disenfranchise Southern blacks. The term comes from the fact that the laws allowed those who had the right to vote before 1867, and their descendants, to vote without having to meet the new requirements.

Legal Use

In modern legal contexts, grandfather clauses are used to allow businesses or individuals to continue operating under an old rule despite a new rule being implemented. This is common in zoning, building codes, and environmental regulations. For example, a building constructed before a new zoning law might be allowed to remain even if it does not comply with the new law.

Examples

• In environmental law, older factories might be allowed to continue operating under old emissions standards even after new, stricter standards are put in place.
• In telecommunications, older devices might be allowed to operate on frequencies that are no longer available to new devices.
• In education, students who started their education under one set of graduation requirements might be allowed to graduate under those requirements even if new requirements are introduced.

Criticism

Grandfather clauses can be controversial. Critics argue that they can perpetuate outdated and potentially harmful practices. For example, allowing older factories to operate under less stringent environmental regulations can contribute to ongoing pollution. Additionally, grandfather clauses can create inequalities, as they allow some individuals or businesses to avoid compliance with new, potentially beneficial regulations.

Related Concepts

• Ex post facto law
• Retroactive law
• Vested rights
• Sunset provision

See Also

• Jim Crow laws
• Voting Rights Act of 1965
• Civil Rights Movement
• Disenfranchisement after the Reconstruction Era