grandfather clause

Dictionary: grandfather clause

A provision in a statute that exempts those already involved in a regulated activity or business from the new regulations established by the statute.
A clause in the constitutions of several southern states before the year 1915, intended to disfranchise African Americans by exempting from stringent voting requirements all lineal descendants of persons who were registered voters before 1867.

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Investment Dictionary: Grandfather Clause

An exemption that allows persons or entities to continue with an activity they were engaging in before it became illegal through a change in regulation.

Investopedia Says:
For example, imagine there's a passing of a new law that states restaurants can serve only food with less than ten grams of fat per serving. If accompanied by a grandfather clause, the law would affect only new restaurants. All restaurants that began operating prior to the law would therefore be allowed to continue selling their products, regardless of whether their fat content exceeds the ten-gram limit. Because of the change in regulation, however, new restaurants must abide by the new law. Grandfathering is a debatable practice that often hinders some and benefits others.

Financial & Investment Dictionary: Grandfather Clause

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Provision included in a new rule that exempts from the rule a person or business already engaged in the activity coming under regulation. For example, the Financial Accounting Standards Board might adopt a rule effective in 1998 relating, say, to depreciation that, under a grandfather clause, would exempt assets put in service before 1998.

Real Estate Dictionary: Grandfather Clause

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When a law is changed or a new law is passed, those whose specific activity was legal under the previous law are often allowed to continue, by virtue of this provision.Example: All real estate Brokers are allowed to continue to practice as brokers after licensure requirements increase. The new law affects only new Licensees old licensees are grandfathered.

Graduated-Payment Mortgage

US Supreme Court: Grandfather Clause

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Is an exemption of current rights‐holders and sometimes their descendants from a new regulation or legal qualification. More specifically, the phrase refers to the release of men eligible for the suffrage in 1867, and their legal progeny, from literacy or property requirements for voting established by six southern states in the late nineteenth and early twentieth centuries. This transparently racist attempt to circumvent the Fifteenth Amendment actually derived from a law that preserved the rights of some black voters. The grandfather of the grandfather clause was a Connecticut law of 1818 that disfranchised all African‐Americans in the future but allowed those currently eligible to continue to vote. In 1857 Massachusetts, in a nativist reaction against the massive influx of Irish immigrants during the potato famine, instituted a literacy test for the franchise but excused any man already registered.

In a widely circulated pamphlet published in 1879, aristocratic South Carolina lawyer Edward McCrady, Jr., proposed that the South copy the Massachusetts literacy test, including the 1857 date, to ensure that older white illiterates would remain enfranchised. If the 1857 date was legal in Massachusetts in 1857, he apparently reasoned, it was legal in South Carolina in 1879. Other southern disfranchises added lineage to McCrady's racist exemption or modified it to allow illiterate ex‐soldiers, including Confederates and their sons and grandsons, to vote. The Supreme Court invalidated the Oklahoma grandfather clause in Guinn v. United States (1915), holding that it violated the Fifteenth Amendment.

See also Race and Racism.

— J. Morgan Kousser

Political Dictionary: grandfather clause

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(1) Legal provision granting vote to persons whose ancestors had voted prior to 1867, used by Southern states in the US to disenfranchise blacks. Grandfather clauses were declared unconstitutional in 1915.
(2) The phrase is now used non-pejoratively to denote existing rights protected by an Act which removes the entitlement to the right from any future claimants.

Britannica Concise Encyclopedia: grandfather clause

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Constitutional provision enacted by seven Southern U.S. states (1895 – 1910) to deny suffrage to African American men. It exempted descendants of men who voted before 1867 from meeting new literacy and property requirements. Since African American men were not granted voting rights until passage of the 15th Amendment in 1870, this clause effectively prevented them, and many impoverished and illiterate whites, from voting. The U.S. Supreme Court declared such clauses unconstitutional in 1915.

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US History Encyclopedia: Grandfather Clause

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Grandfather Clause, a legal provision exempting someone from a new qualification or regulation. More specifically, through seven southern state constitutional amendments passed from 1895 to 1910, grandfather clauses exempted men who had the right to vote on 1 January 1867 or, in some states, those who had fought in American wars and their descendants, from literacy or property tests for voting. Proponents contended that poor, illiterate whites would still be able to vote, while African Americans, who could not vote in the South in 1866, would again be disfranchised. Grandfather clauses were temporary and were declared unconstitutional under the Fifteenth Amendment by the U.S. Supreme Court in Guinn and Beal v. United States (1915).

Bibliography

Kousser, J. Morgan. The Shaping of Southern Politics: Suffrage Restriction and the Establishment of the One-Party South, 1880–1910. New Haven, Conn.: Yale University Press, 1974.

Columbia Encyclopedia: grandfather clause

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grandfather clause, provision in constitutions (adopted 1895–1910) of seven post–Reconstruction Southern states that exempted those persons who had been eligible to vote on Jan. 1, 1867, and their descendants from rigid economic and literacy requirements for voting. Since African Americans had not yet been enfranchised on that date, the provision effectively barred them from the polls while granting voting rights to poor and illiterate whites. Such provisions were ruled unconstitutional by the Supreme Court in 1915. The term grandfather clause is now applied to any kind of legal exemption based on prior status.

Law Encyclopedia: Grandfather Clause

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This entry contains information applicable to United States law only.

A portion of a statute that provides that the law is not applicable in certain circumstances due to preexisting facts.

Grandfather clauses, which were originally intended to prevent black people from voting, were named for provisions adopted by the constitutions of some states. Such amendments sought to interfere with an individual's right to vote by setting forth difficult requirements. For example, common requirements were ownership of a large amount of land or the ability to read and write portions of the state and federal constitutions. The name grandfather clause arose from the exceptions that were made for veterans of the Civil War. If the veterans were qualified to vote prior to 1866, their descendants were also qualified. Thus, in effect, if a person's grandfather could vote, he could vote without further restrictions.

These statutes accomplished precisely what was intended, since nearly all slaves and their descendants were disqualified from voting because 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 a grandfather clause that was added to the Oklahoma constitution shortly following its admission to the Union. The 1910 constitutional amendment required that prospective voters pass a literacy test in order to qualify to vote. However, anyone who was entitled to vote on January 1, 1866, or any time earlier under any form of government, or who at that time lived in a foreign country, was exempt from satisfying the literacy test requirement. The lineal descendants of such exempted persons also were exempt from such a requirement. In reality, the amendment recreated and perpetuated the very conditions that the Fifteenth Amendment was intended to destroy, even though race was never 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 to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude." Oklahoma argued that states had the power to set forth voter qualifications. Therefore, the statute in controversy did not violate the Fifteenth Amendment since race was not mentioned as a voter qualification. The Supreme Court was in agreement that states have the right to determine who is qualified to vote; however, they are permitted to do so only within constitutional limits. The limit that proscribes consideration of the race of voters extends to sophisticated as well as simpleminded discrimination, and equality under the law cannot be based 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 the grandfather clause automatically continued to be eligible and those who had been denied voting rights were given twelve days in 1916 to register to vote. If they were out of the county where they resided or if they were prevented from registering by sickness or unavoidable circumstances, they were given an additional fifty days in 1916 to register. After that time black persons who tried to register to vote were turned away, since the time to register outside the grandfather clause had ended in 1916.

In the 1939 case of Lane v. Wilson, 307 U.S. 268, 59 S. Ct. 872, 83 L. Ed. 1281, the Supreme Court rejected Oklahoma's new scheme, calling it another example of an attempt by a state to thwart equality in the right to vote regardless of race or color. The Court ruled that the proposed remedy, in the form of such a limited registration period, was inadequate. A group of citizens who lacked the habits and traditions of political 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 exemption based upon a preexisting condition. For example, through the application of grandfather clauses, certain prerogatives are extended to those regularly engaged in a particular profession, occupation, or business that is regulated by statute or ordinance. Such a clause might allow an individual, who has been in continuous practice in a particular profession for a specific period, to circumvent certain licensing requirements.

Wikipedia: Grandfather clause

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A grandfather clause is 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. It is often used as a verb: to grandfather means to grant such an exemption. Frequently, the exemption is limited; it may extend for a set period of time, or it may be lost once a change is made. For example, a "grandfathered power plant" might be exempt from new, more restrictive pollution laws, which would be applied if the plant were expanded. Often, such a provision is used as a compromise, to effect new rules without upsetting a well-established logistical or political situation. This extends the idea of a rule not being retroactively applied.

The term originated in late-19th-century legislation and constitutional amendments passed by a number of U.S. Southern states which created new restrictions on voting. It allowed men to vote, even if they did not meet new requirements, if they had ancestors who had had the right to vote before the Civil War (effectively limiting the exemption to white men).

1 Origin
2 Modern examples
3 See also
4 References

Origin

The original grandfather clauses were contained in new state constitutions and Jim Crow laws passed from 1890 to 1910 in many of the Southern United States to prevent blacks, Mexican Americans (in Texas), and certain whites from voting.^[1] Prohibitions on freedmen's voting in place prior to 1870 were nullified by the Fifteenth Amendment.

After conservative white Democrats took control of state legislatures again after the Compromise of 1877, they began to work to restrict the ability of blacks to vote. Paramilitary groups had intimidated blacks or barred them from the polls in numerous elections prior to the Redemption. The coalition of Populists and Republicans in fusion tickets in the 1890s threatened Democratic control and increased the Democrats' desire to restrict blacks from voting. Conservative whites developed statutes and passed new constitutions creating restrictive voter registration rules. Examples included imposition of poll taxes and residency and literacy tests. An exemption to such requirements was made for all persons allowed to vote before the American Civil War, and any of their descendants. 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 States or of the Confederate States during a time of war.

After the U.S. Supreme Court found such provisions unconstitutional in Guinn v. United States (1915), states were forced to stop using the grandfather clause to provide exemption to literacy tests. Determined to limit the franchise, Southern states created new barriers to voter registration, such as subjective literacy or comprehension tests administered by white voter registrars.

Without the grandfather clauses, strict application of poll taxes and/or literacy tests would have disfranchised many more poor whites as well. In fact, tens of thousands of poor whites were disfranchised in the early 20th century in the South, and most blacks in the South were disfranchised until the 1960s.^[2]

As decades passed, Southern states tended to expand the franchise for poor whites, but most blacks could not vote until after passage of the 1965 Voting Rights Act. Ratification in 1964 of the Twenty-fourth Amendment to the United States Constitution prohibited the use of poll taxes in federal elections, but some states continued to use them in state elections.

The 1965 Voting Rights Act had provisions to protect voter registration and access to elections, with federal enforcement and supervision where necessary. In 1966, the Supreme Court ruled in Harper v. Virginia Board of Elections that poll taxes could not be used in any elections. The franchise was thus secured for most citizens, and voter registration and turnout climbed dramatically in Southern states. Once again, African Americans were able to participate fully in political life and began to win elective office at many levels.

In spite of its origins, today the term grandfather clause does not retain any pejorative sense.

Modern examples

Law

In 1952, the United States ratified the Twenty-second Amendment to the United States Constitution, preventing presidents from running for a third term (or a second term, if they had served more than two years of another's term). The text of the amendment specifically excluded the sitting president from its provisions, thus making Harry Truman eligible to run for president in 1952 – and, theoretically, for every subsequent presidential election thereafter – even though he had served a full term and almost four years of a previous president's term. Truman did not take advantage of this provision, however, for political reasons.

In the 1980s, as states in America were increasing the permitted age of drinking to 21 years, many people who were of legal drinking age before the change were still permitted to purchase and drink alcoholic beverages. Similar conditions applied when New Jersey and certain counties in New York raised tobacco purchase ages from 18 to 19 years in the early 2000s.

During the Federal Assault Weapons Ban, certain firearms made prior to the ban's enactment were legal to own. Automatic weapons that were manufactured before the Firearm Owners Protection Act may legally be sold to civilians.

According to the Interstate Highway Act, private businesses are not allowed at rest areas along interstates. However, private businesses that began operations prior to January 1, 1960, were allowed to continue operation indefinitely.

Michigan law MI ST 287.1101-1123 forbade ownership or acquisition of large and dangerous exotic carnivores as pets. But animals already owned as pets at the time of enactment were grandfathered in, and permitted to be kept.^[3]

The FCC stated that, as of March 1, 2007, all televisions must be equipped with digital tuners, but stores that had TV sets with analog tuners only could continue to sell analog-tuner TV sets.

In 1967, the FCC prohibited companies from owning both a radio and a television station in the same marketing area, but those already owned prior to the ruling were permanently grandfathered. For example, ABC already owned WABC-TV, 77 WABC, and WABC-FM (now WPLJ), and so could continue to own all three stations after the law was passed. But no then-current broadcasting companies that had a radio station in a city could acquire an adjacent television station, and companies that owned a television station in a city could acquire adjacent radio stations. In 1996, the law was overturned. Companies can now own up to eight radio stations and two television stations in a market, provided that they do not receive more than 33% of its advertising revenues.

California voters passed Proposition 8 in 2008 which made same sex marriage illegal in the state, however, same sex couples who were married before the new law was enacted were allowed to remain married.

Standards compliance

Strict building codes to withstand frequent seismic activity were implemented in Japan in 1981. These codes applied only to new buildings, and existing buildings were not required to upgrade to meet the codes. One result of this was that during the great Kobe earthquake, many of the pre-1981 buildings were destroyed or written off, whereas most buildings built post-1981, in accordance with the new building codes, withstood the earthquake without structural damage.

Wigwag-style railroad crossing signals were deemed inadequate in 1949 and new installations were banned in the United States. Existing wigwag signals were allowed to remain and 60 years later, there are still about 50 wigwag signals in use on railroads in the USA.

The UK's national rail network Network Rail requires new locomotives and rolling stock to pass tests for Electromagnetic compatibility (EMC) to ensure that they do not interfere with signalling equipment. Some old diesel locomotives, which have been in service for many years without causing such interference, are exempted from EMC tests and are said to have acquired grandfather rights.

The Steel Electric-class ferryboats used by Washington State Ferries were in violation of several Coast Guard regulations, but because they were built in 1927, before the enactment of the regulations, they were allowed to sail. Those ferries were decommissioned in 2008.

Tolled highways that existed before the Interstate Highway System are exempt from Interstate standards despite being designated as Interstate highways. Many such toll roads (particularly the Pennsylvania Turnpike) remain as such. However, tolled highways built since the Interstate system, such as the tolled section of PA Route 60 and PA Turnpike 576, must be built or upgraded to Interstate standards before receiving Interstate designation. Both highways will be part of the Interstate system in the form of I-376 and I-576, respectively, in the near future. As well, U.S. Interstate Highway standards mandate a minimum 11-foot median; however, highways built prior to those standards have been grandfathered into the system. The Kansas Turnpike is the most notable example, as it has been retrofitted with a Jersey barrier along its entire 236-mile length.

The earliest Ontario 400-series highways and other expressways do not meet current standards, however it would be prohibitly expensive to immediately rebuild them all to updated guidelines, unless a reconstruction is warranted by safety concerns and traffic levels. As a result, substandard sections of freeways such as low overpasses and short acceleration/de-acceleration lanes are often retrofitted with guard rail, warning signage, lower speed limits, or lighting.

The United States Federal Communications Commission has required all radio stations licensed in the United States since the 1930s to have four-letter call signs starting with a W (for stations east of the Mississippi River) or a K (for stations west of the Mississippi River). But stations with three-letter call signs and stations west of the Mississippi River starting with a W – such as WBAP in Dallas and WIBW and WIBW-FM in Topeka, plus KDKA, KQV and KYW in Pennsylvania), licensed before the 1930s – have been permitted to keep their call signs. In the western United States, KOA in Denver, Colorado, KOH in Nevada, KGA in Spokane, Washington, KEX in Oregon, and KFI in California have been permitted to keep their three-letter call signs.

In aviation, grandfather rights refers to the control that airlines exert over “slots” (that is, times alloted for access to runways). While the trend in airport management has been to reassert control over these slots, many airlines are able to retain their traditional rights based on current licenses.

In the UK, until 1992, holders of ordinary car licenses were allowed to drive buses and coaches of any size, provided that the use was not commercial and that there was no element of "hire or reward" in the vehicles' use; in other words, no one was paying to be carried. The law was changed in 1992 so that drivers had to hold a PCV (PSV) license, but anyone who had driven buses prior to 1992 under the old rules was given grandfather rights to carry on doing so.

Sports

The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject. Please improve this article or discuss the issue on the talk page.

Beginning in 1979, the National Hockey League required all players to wear helmets. But if a player had signed his first professional contract before this ruling, he was allowed to play without a helmet. Craig MacTavish was the last player to do so, playing without a helmet up until his retirement in 1997, other notable players include Guy LaFleur and Rod Langway who retired in 1991 and 1993, respectively. ^[4] Kerry Fraser was the last referee who was not required to wear a helmet, until the ratification of the new NHL Officials Association collective bargaining agreement on March 21, 2006. Some have speculated that if the NHL makes visors mandatory, older players will be exempt.

Three former venues in the National Hockey League – Chicago Stadium, Boston Garden, and Buffalo Memorial Auditorium – had shorter-than-regulation ice surface, as their construction predated the regulation. The distance was taken out of the neutral zone and this often threw visiting players off of their game, giving home teams an immense advantage. Many fans believed this advantage allowed Bobby Orr to complete his famous end-to-end rushes more quickly in the Garden. All three arenas were replaced by newer facilities in 1996. The regulation does not apply in many minor league venues, and in older minor league venues shorter than regulation, the distance was taken from neutral zones.

In 2006, NASCAR passed a rule that required teams to field no more than four cars. Since Roush Racing had five cars, they could continue to field five cars until the end of 2009.

In 1997, to honor Jackie Robinson, Major League Baseball prohibited all teams from issuing #42 in the future; current players wearing #42 were grandfathered in. As of 2008^[update], New York Yankees' closer Mariano Rivera is the only player still wearing #42.^[5]

In 1920, when Major League Baseball introduced the prohibition of the spitball, the league recognized that some professional pitchers had nearly built their careers on using the spitball. The league made an exception for 17 named players, who were permitted to throw spitballs for the rest of their careers. Burleigh Grimes threw the last legal spitball in 1934.

The NFL outlawed the one-bar facemask for the 2004 season but allowed existing users to continue to wear them. Scott Player was the last player to wear the one-bar facemask.

The NFL introduced a numbering system for the 1973 season, requiring players to be numbered by position. Players who played in the NFL in 1972 and earlier were allowed to keep their old numbers, although New York Giants linebacker Brad Van Pelt wore number 10 despite entering the league in 1973 (Linebackers had to be numbered in the 50s at the time; since 1984 they may now wear numbers in the 50s or 90s. Van Pelt got away with it because he was the team's backup kicker his rookie season.^[6]). The last player to be covered by the grandfather clause was Julius Adams, a 16-year defensive end (1971–1985, 1987) for the New England Patriots, who wore number 85 through the 1985 season. He wore a different number during a brief return two years later.

The NFL prohibits corporations from owning teams partially, so that ownership can concentrate on football as opposed to making a profit, as well as wanting the teams to have an actual owner instead of a board of directors at owners' meetings. The Green Bay Packers, due to their unique ownership status with the city of Green Bay, Wisconsin, are exempt from this.

Major League Baseball rule 1.16 requires players who were not in the major leagues prior to 1983 to wear a batting helmet with at least one earflap. The last player to wear a flapless helmet was the Florida Marlins' Tim Raines in 2002 (career began in 1979). The last player eligible to do so was Julio Franco in 2007 (career began in 1982), although he opted to use the flapped version.

For many decades, American League (AL) umpires working behind home plate used large, balloon-style chest protectors worn outside the shirt or coat, while their counterparts in the National League wore chest protectors inside the shirt or coat, more akin to those worn by catchers. In 1977, the AL ruled that all umpires entering the league had to wear the inside protector, although umpires already in the league who were using the outside protector could continue to do so. The last umpire to regularly wear the outside protector was Jerry Neudecker, who retired after the 1985 season. Since 2000, Major League Baseball has used the same umpire crews for both leagues.

The National Hot Rod Association is enforcing a grandfather clause banning energy drink sponsors from entering the sport if they were not sponsoring cars as of April 24, 2008, pursuant to the five-year extension of its sponsorship with Coca-Cola, which is changing the title sponsorship from Powerade to Full Throttle Energy Drink.

In NASCAR, grandfather clause protection refers to sponsorship by Alltel, Cingular, Samsung, and RadioShack for a race at Texas Motor Speedway, in reference to a prohibition established on June 19, 2003, on NASCAR sponsorships in the Nextel Cup Series. No telecommunications company's advertising is permitted at NASCAR Nextel Cup Series events under the exclusivity agreement between NASCAR and Nextel. (Samsung was prohibited because they were a technical competitor to Nextel, which used exclusively Motorola products.) All parties had been regular sponsors in NASCAR's then-Winston Cup Series since 2002. They may continue with their present sponsorships, but new sponsorships are prohibited.

After the 2005 merger of Sprint and Nextel, the prohibition on Samsung and RadioShack was removed, because Sprint carries Samsung products, and Sprint is sold at RadioShack. Nextel banned Motorola's primary sponsorship of Robby Gordon's #7, but Motorola can be used as an associate, so the Motorola logo could be seen on the door post of Gordon's car. The series was renamed the Sprint Cup Series in 2008, because Sprint is expected to phase-out the Nextel brand entirely by 2010.^{[citation needed]}

The sponsorship issue came up after AT&T's acquisition of BellSouth in 2006. This gave AT&T 100% ownership of Cingular, and the company immediately announced the phaseout of the Cingular brand in favor of AT&T for wireless service. Sprint and NASCAR prohibited AT&T from remaining as a sponsor for Jeff Burton, even though SBC (which bought its former parent company in 2005 and adopted the more-recognizable AT&T name as part of the deal) owned 60% of Cingular before the BellSouth deal. A compromise was later reached that allowed AT&T to remain as a sponsor through the 2008 NASCAR Sprint Cup Series, leaving Richard Childress Racing time to find a new sponsor for 2009.^[7] In June 2008, Caterpillar announced that it would leave the #22 Bill Davis Racing Toyota to sponsor the #31 starting in 2009.

The Alltel sponsorship was phased out upon the closing of the deal by Cellco Partners (Verizon and Vodafone) to acquire Alltel from TPG Capital Partners and other private equity firms in January 2009. With one year remaining on the Penske Racing contract, Cellco moved the sponsorship to the NASCAR Nationwide Series, where it is not prohibited, where Justin Allgaier will drive the #12 Verizon Wireless Dodge in selected races for the team. ^[8]

A similar rule is enforced in the NASCAR Nationwide Series in regards to insurance sponsorships. The two sponsors that had 2008 sponsorship contracts with Toyota teams Germain Racing and Joe Gibbs Racing – Geico and Farm Bureau Insurance, respectively – must leave the series after 2008.

References

^ http://www.encyclopedia.com/doc/1B1-365960.html "Grandfather clause", Concise Encyclopedia Britannica
^ Glenn Feldman, The Disfranchisement Myth: Poor Whites and Suffrage Restriction in Alabama, Auburn: University of Georgia Press, 2004, p.136
^ Michigan State University College of Law
^ http://www.oilersheritage.com/history/dynasty_players_craigmactavish.html
^ http://mlb.mlb.com/news/article.jsp?ymd=20070415&content_id=1900688&vkey=news_mlb&fext=.jsp
^ http://news.bostonherald.com/sports/football/other_nfl/view/2009_02_18_Former_Giants_linebacker_Brad_Van_Pelt_dies
^ http://www.kentucky.com/529/story/170379.html
^ Cellco Partners sponsorship of the #12 NNS

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