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A grandfather clause (or grandfather policy or grandfathering) 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, or to have been grandfathered in. Frequently, the exemption is ...
The term grandfather clause arose from the fact that the laws tied the then-current generation's voting rights to those of their grandfathers. 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 ...
The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law. When a particular clause becomes an important ...
Williams v. Mississippi, 170 U.S. 213 (1898), is a United States Supreme Court case that reviewed provisions of the 1890 Mississippi constitution and its statutes that set requirements for voter registration, including poll tax, literacy tests, the grandfather clause, and the requirement that only registered voters could serve on juries.
Anderson, 238 U.S. 368 (1915), was a United States Supreme Court decision that held Maryland state officials liable for civil damages for enforcing a grandfather clause. Grandfather clauses exempted voters from requirements such as poll taxes and literacy tests if their grandfathers had been registered voters, and were largely designed to ...
Grandfather clauses were first instituted as a means of allowing whites to vote while simultaneously disenfranchising blacks. [2] The grandfather clause in Guinn v. United States involved requirement that a citizen must pass a literacy test in order to register to vote. At the time, many poor whites in the South were illiterate and would lose ...
After the legislature stated that the new constitution would not disenfranchise any white voters and that it would be submitted to the people for ratification, Alabama passed an educational requirement. It was ratified at the polls in November 1901. Its distinctive feature was the "good character clause" (also known as the "grandfather clause ...
The rule against perpetuities serves a number of purposes. First, English courts have long recognized that allowing owners to attach long-lasting contingencies to their property harms the ability of future generations to freely buy and sell the property, since few people would be willing to buy property that had unresolved issues regarding its ownership hanging over it.