Grandfather Clause

A portion of a statute that provides that the law is not applicable in certain circumstances due to preexistin
g facts.
Grandfather clauses, which were originally intended to prevent black people from voting, were named for
provisions adopted by theconstitutions of some states. Such amendments sought to interfere with an indiv
idual's right to vote by setting forth difficult requirements. Forexample, common requirements were owner
ship of a large amount of land or the ability to read and write portions of the state and federalconstitutions.
The name grandfather clause arose from the exceptions that were made for veterans of the Civil War. If t
he veterans werequalified to vote prior to 1866, their descendants were also qualified. Thus, in effect, if a
person's grandfather could vote, he could votewithout further restrictions.
These statutes accomplished precisely what was intended, since nearly all slaves and their descendants
were disqualified from votingbecause they could not satisfy the statutory requirements.
In the 1915 case of Guinn v. United States, 238 U.S. 347, 35 S. Ct. 926, 59 L. Ed. 1340, the Supreme
Court of the United States examined aGrandfather
Clause that was added to the Oklahoma constitution shortly following its admission to the Union. The 191
0 constitutionalamendment required that prospective voters pass a literacy test in order to qualify to vote.
However, anyone who was entitled to vote onJanuary 1, 1866, or any time earlier under any form of gover
nment, or who at that time lived in a foreign country, was exempt from satisfyingthe literacy test requireme
nt. The lineal descendants of such exempted persons also were exempt from such a requirement. In realit
y, theamendment recreated and perpetuated the very conditions that the Fifteenth
Amendment was intended to destroy, even though race wasnever mentioned as a voter qualification.
The Court held that the clause was in violation of the Fifteenth Amendment, which states that "the right of
citizens of the United States tovote shall not be denied or abridged by the United States or by any State o
n account of race, color, or previous condition of servitude."Oklahoma argued that states had the power t
o set forth voter qualifications. Therefore, the statute in controversy did not violate the FifteenthAmendme
nt since race was not mentioned as a voter qualification. The Supreme Court was in agreement that state
s have the right todetermine who is qualified to vote; however, they are permitted to do so only within con
stitutional limits. The limit that proscribesconsideration of the race of voters extends to sophisticated as w
ell as simpleminded discrimination, and equality under the law cannot bebased upon whether a person's
grandfather was a free man.
Oklahoma undertook to change its law following this decision. The revised statute said that everyone who
was able to vote as a result of thegrandfather clause automatically continued to be eligible and those wh
o had been denied VOTING RIGHTS were given twelve days in 1916 toregister to vote. If they were out of th
e county where they resided or if they were prevented from registering by sickness or unavoidablecircums
tances, they were given an additional fifty days in 1916 to register. After that time black persons who tried
to register to vote wereturned away, since the time to register outside the grandfather clause had ended i
n 1916.
In the 1939 case of Lane v. Wilson, 307 U.S. 268, 59 S. Ct. 872, 83 L. Ed. 1281, the Supreme Court rejec
ted Oklahoma's new scheme,calling it another example of an attempt by a state to thwart equality in the ri
ght to vote regardless of race or color. The Court ruled that theproposed remedy, in the form of such a lim
ited registration period, was inadequate. A group of citizens who lacked the habits and traditions ofpolitica
l independence deserved a greater opportunity to register to vote.
The term grandfather clause in its current application refers to a legislative provision that permits an exem
ption based upon a preexistingcondition. For example, through the application of grandfather clauses, cer
tain prerogatives are extended to those regularly engaged in aparticular profession, occupation, or busine
ss that is regulated by statute or ordinance. Such a clause might allow an individual, who has beenin conti
nuous practice in a particular profession for a specific period, to circumvent certain licensing requirements
.
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

grandfather
clause n. 1) a clause in a statute or zoning ordinance (particularly a city ordinance) which permits the op
erator of a businessor a land owner to be exempt from restrictions on use if the business or property conti
nues to be used as it was when the law was adopted.Upon passage of the statute or regulation, the speci
fic property may be referred to as "grandfathered in." Example: the city passes anordinance which does n
ot permit retail businesses in a particular zone, but any existing store can continue to function in the area,
even withnew owners. However, if the premises stop being a retail outlet then the grandfather clause will l
apse. 2) among the state constitutionalamendments passed by southern states in the late 1800s to keep
blacks from voting, "grandfather clauses" denied voter registration to peoplewho were illiterate, who did n
ot own property or could not pass a test on citizenship obligations, unless their grandfathers had served in
theConfederate Army. Such laws are now unconstitutional.