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One comparison to everyday life involves a cellular phone data plan. Instead it can be something as simple as an individual running a daycare that's 20 years old being exempt from a new daycare licensing regulation. It covers many areas of legislation, not just voting as it was originally created to do. Today's grandfather clause exempts particular individuals from a new law if they fall under an old law. Essentially, it was determined that particular races could not be prohibited from voting, and state constitutions could not contain provisions that would prohibit them from doing so.
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The state of Oklahoma tried to sneak past that ruling but was shot down again in the case of Lane v. Supreme Court found that an Oklahoma law violated the rights of citizens under the Fifteenth Amendment, which prohibits the denial of voting rights due to race. While the grandfather clause was originally intended to keep black individuals from voting, that didn't last long. The Grandfather Clause was originally passed to try to keep some citizens from voting. In either case, the result was black individuals being turned away from the polling stations. Unfortunately, they didn't fall under that because it was for veterans of the Civil War that could vote prior to 1886. If black individuals didn't have those abilities, their other option was to fall under the grandfather clause that was extended to veterans. It required large amounts of property and reading/writing abilities in one area. The grandfather clause, then, made it nearly impossible for black individuals to vote in two ways. Essentially, if the veteran had voting rights before 1886, then his descendants would also have them. The grandfather clause became known by its name due to an exception to voting laws that was made for Civil War veterans. If they couldn't meet those requirements, they couldn't vote. The newly-freed slaves didn't have the large amounts of property or the ability to read or write that the provisions required. The provisions set forth requirements for voting, and purposely made them too difficult for black individuals to meet. The original grandfather clauses were new provisions that were adopted by individual states in their constitutions.
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Instead of the newly-freed former slaves being allowed to do everything that any other free man would be allowed to do, the government found a way to prohibit them from voting. It was created after the Civil War, when former slaves were navigating their new world of freedom. Instead, it was first introduced as a sneaky way of keeping black individuals from voting. Why Was This Clause Created?ĭespite what the name of the clause might imply, it wasn't created because of someone's grandfather. In a sense, the lead-based paint was 'grandfathered in'. It didn't require them to remove all lead-based paint, and didn't prohibit them from selling homes that might contain lead-based paint. Laws were put into place when the dangers of lead-based paint became known which required individuals to disclose the presence of lead-based paint. In Jim's case involving the home with lead-based paint, Jim doesn't have much of a leg to stand on. In other words, they get an exemption from the new law. A grandfather clause is a clause that is found in a new law stating that some individuals may not have to abide by the new law because they fall under the guidelines of an old law.