Grandfather clause
In the U.S, a
grandfather clause is an exception which allows something pre-existing to remain as it is, despite a change to the contrary in the rules applied to newer situations. It is often used as the
verb "to grandfather" or "grandfather in", or alternatively as "grandfathering clause". Often, such a provision is used as a
compromise, to effect new rules without upsetting a well-established physical or
political situation.
Some examples:
The original
grandfather clauses were in laws from
1895 to
1910 in seven of the southern U.S. states as a
Jim Crow law, in order to prevent blacks from voting. These laws provided that anyone allowed to
vote before the
American Civil War, and any of their descendants, were exempt from
poll taxes levied and/or supposed "literacy" tests required at the time. Since the
Fifteenth Amendment, granting former
slaves the right to vote was not
ratified until
1870, this disenfranchised blacks, but not whites. They were later declared
unconstitutional.