Shortly after the Civil War, Mississippi’s Democrats were appalled when two Black men became members of the Senate. The 15th amendment ensured that people could not be denied the right to vote because of their race, color or previous condition of servitude, but it also enabled states to oversee elections as they saw fit. TOP PHOTO: Photo by John Bakator, Mount Rushmore National Memorial, Keystone, United States Native Americans, African Americans, women, and immigrants were barred from voting, and places like Maryland also banned Jewish people from voting. In 1776, New Jersey gave voting rights to all who lived in the state, but then quickly passed a law to disenfranchise all women and Black men. As time passed, laws were modified to allow states to make their own election rules, allowing less privileged people like farmers and commoners the ability to vote, but it did not extend voting rights to all.
Only land-owning white men were able to vote. Our nation’s “founding fathers” wrote about a fair and just democracy for all, but this ideal was not realized in the early stages of the American experiment. SINCE THIS RULING, 25 STATES CREATED NEW OBSTACLES TO VOTE. THIS DECISION NO LONGER REQUIRED STATES AND LOCALITIES WITH A HISTORY OF SUPPRESSING VOTING RIGHTS TO SUBMIT CHANGES IN THEIR ELECTION LAWS TO THE U.S. SUPREME COURT GUTTED THE 1965 VOTING RIGHTS ACT. LIMITATIONS ON THE RIGHT TO VOTE WERE CODIFIED IN THE JUNE 2013 CASE OF SHELBY COUNTY V. The grandfather clause in this law, which limited their application to prior voters, became the term for any clause that has an effect of not applying to individuals doing an activity prior to the law.VOTER SUPPRESSION IS AN UNFORTUNATE BUT CONSISTENT FEATURE OF THE U.S. This effectively prevented most African Americans from being able to vote after the implementation of these laws. Since essentially no African Americans were able to vote in these states prior to the Civil War, only white citizens were able to benefit from this grandfather exception. In these laws, exceptions were made for individuals whose grandfathers voted for war, allowing them to avoid the new requirements. Many Southern states began requiring individuals to satisfy literacy tests, property ownership, and poll taxes in order to vote. The term grandfather clause comes from a racially driven set of voting laws in the South after the Civil War. For example, legislators requiring power plants to be carbon neutral may allow currently operating power plants to be grandfathered for ten years, giving them ten years to prepare for the change.
Grandfather clauses can last forever, or they often can be limited. Businesses or individuals who were partaking in the regulated activity prior to the change can continue to do so after the law or regulation goes into effect. So, legislators, regulators, and businesses often negotiate grandfather clauses to make the changes apply only to new activity. When laws and regulations go through major changes, they can critically harm businesses or individuals who relied on the prior system. Grandfather clause refers to a section of a law, regulation, or other legal document that limits how changes will be applied to legal relations and activities existing prior to the change.
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