History Analysis / GrandfatherClause

The name has a rather unfortunate origin with the [[https://en.wikipedia.org/wiki/Jim_Crow_laws "Jim Crow laws"]] (named after a "{{minstrel|Shows}}" character) that enforced segregation in the [[DeepSouth Southern USA]] after UsefulNotes/TheAmericanCivilWar. Though they were designed to prevent newly freed slaves from voting, the laws couldn't be written to say simply that "Black people can't vote." Thus, state legislatures enacted "poll taxes" (not a poll tax in the traditional sense of a fixed quantity everyone pays each year,[[note]]E.g. if the state passed a statute saying "Every citizen must pay the state $500 on April 15", that is a traditional poll tax; "poll" here is an archaic term for "head," so a "poll tax" is a "tax per head."[[/note]] but a literal one: if you go to the polls and can't pay, you can't vote), which disqualified most black voters because they were almost all too poor, and "literacy tests," which disqualified most black voters because they were illiterate. Not that literacy would have helped them, since these "tests" were also [[NintendoHard arbitrarily difficult]] (with questions like "Name all the county judges in the state,"[[note]]It would inevitably depend on the date and state.[[/note]] or "Name the exact date Oklahoma was admitted to the Union,"[[note]]It happened on November 16, 1907, though the officials who administered such a question were counting on doing so to people who wouldn't have been educated thereon.[[/note]] or "How many bubbles are there in a bar of soap?"[[note]]It depends on, amongst other things, how large the bar of soap, its chemical composition, how vigorous a lather you work up for it and for how long.[[/note]]) and had completely subjective scoring: If a white man took the test and got five out of ten, he could pass. If a black man took the test and got ten out of ten, he could be [[MovingTheGoalposts made to take it again.]] [[UpToEleven In French.]]

However, many white farmers were also poor and illiterate, meaning the Jim Crow laws would have affected them as well. In response, the legislatures changed the laws such that they had the effect of guaranteeing that any man[[note]]Women wouldn't be enfranchised across America regardless of the office up for election until [[https://www.law.cornell.edu/anncon/html/amdt19toc_user.html 1920]]; previously it was an issue for the states.[[/note]] whose grandfather had been able to vote -- or ''would'' have been able to vote, had he lived in the state -- could himself vote without paying the tax or proving literacy. As the grandfathers of most black farmers were slaves and thus unable to vote, while almost all the grandfathers of white farmers were citizens and able to vote, this served as an effective measure for disenfranchising African Americans without hurting poor whites. However, sometimes the laws were worded in such a way as ''also'' discriminate against poor whites as well, especially in places and times when they were hostile to the local Democratic Party. At some times more white men than black men were disenfranchised by laws ostensibly targeted at African Americans. These kinds of grandfather clauses were found unconstitutional in 1915; the rigged tests and taxes stayed until the UsefulNotes/CivilRightsMovement.

The name has a rather unfortunate origin with the [[https://en.wikipedia.org/wiki/Jim_Crow_laws "Jim Crow laws"]] (named after a "{{minstrel|Shows}}" character) that enforced segregation in the [[DeepSouth Southern USA]] after UsefulNotes/TheAmericanCivilWar. Though they were designed to prevent newly freed slaves from voting, the laws couldn't be written to say simply that "Black people can't vote." Thus, state legislatures enacted "poll taxes" (not a poll tax in the traditional sense of a fixed quantity everyone pays each year,[[note]]E.g. if the state passed a statute saying "Every citizen must pay the state $500 on April 15", that is a traditional poll tax; "poll" here is an archaic term for "head," so a "poll tax" is a "tax per head."[[/note]] but a literal one: if you go to the polls and can't pay, you can't vote), which disqualified most black votes because they were poor, and "literacy tests," which disqualified most black voters because they were illiterate. Not that literacy would have helped them, since these "tests" were also [[NintendoHard arbitrarily difficult]] (with questions like "Name all the county judges in the state,"[[note]]It would inevitably depend on the date and state.[[/note]] or "Name the exact date Oklahoma was admitted to the Union,"[[note]]It happened on November 16, 1907, though the officials who administered such a question were counting on doing so to people who wouldn't have been educated thereon.[[/note]] or "How many bubbles are there in a bar of soap?"[[note]]It depends on how vigorous a lather you work up for it and for how long.[[/note]]) and had completely subjective scoring: If a white man took the test and got five out of ten, he could pass. If a black man took the test and got ten out of ten, he could be [[MovingTheGoalposts made to take it again.]] [[UpToEleven In French.]]

However, many white farmers were also poor and illiterate, meaning the Jim Crow laws would have affected them as well. In response, the legislatures changed the laws such that they had the effect of guaranteeing that any man[[note]]Women wouldn't be enfranchised across America regardless of the office up for election until 1920; previously it was an issue for the states.[[/note]] whose grandfather had been able to vote -- or ''would'' have been able to vote, had he lived in the state -- could himself vote without paying the tax or proving literacy. As the grandfathers of most black farmers were slaves and thus unable to vote, while almost all the grandfathers of white farmers were citizens and able to vote, this served as an effective measure for disenfranchising African Americans without hurting poor whites. However, sometimes the laws were worded in such a way as ''also'' discriminate against poor whites as well, especially in places and times when they were hostile to the local Democratic Party. At some times more white men than black men were disenfranchised by laws ostensibly targeted at African Americans. These kinds of grandfather clauses were found unconstitutional in 1915; the rigged tests and taxes stayed until the UsefulNotes/CivilRightsMovement.

The name has a rather unfortunate origin with the "Jim Crow laws" (named after a "[[MinstrelShows minstrel]]" character) that enforced segregation in the southern USA after the Civil War. Though they were designed to prevent newly freed slaves from voting, the laws couldn't be written to flat-out say, "Black people can't vote." So state legislatures enacted "poll taxes" (not a poll tax in the traditional sense of a fixed quantity everyone pays each year,[[note]]e.g. if the state passed a statute saying "Every citizen must pay the state $500 on April 15", that is a traditional poll tax; "poll" here is an archaic term for "head," so a "poll tax" is a "tax per head"[[/note]] but a literal one: If you go to the polls and can't pay, you can't vote), which disqualified most black votes because they were poor, and "literacy tests," which disqualified black voters, because they were illiterate. Not that literacy would have helped them, since these "tests" were also [[NintendoHard arbitrarily difficult]] (with questions like "name all the county judges in the state," or "name the exact date Oklahoma was admitted to the Union," or "how many bubbles are there in a bar of soap?") and had completely subjective scoring: White guy takes the test and gets 5/10? Passes. Black guy takes the test and gets 10/10? Make him take it again. In French.

However, many white farmers were also poor and illiterate, meaning the Jim Crow laws would have affected them as well. In response, the legislatures changed the laws to, effectively, guarantee that anyone whose grandfather had been able to vote--or ''would'' have been able to vote, had he lived in the state--could himself vote without paying the tax or proving literacy. As the grandfathers of most black farmers were slaves and thus unable to vote, while almost all the grandfathers of white farmers were citizens and able to vote, this served as an effective measure for disenfranchising African-Americans without hurting poor whites. However, sometimes the laws were worded in such a way as to ''also'' discriminate against poor whites, especially in places and times when they were hostile to the local democratic party. At some times more whites were disenfranchised than blakcs by laws ostensibly targeted at African-Americans. These kinds of grandfather clauses were found unconstitutional in 1915; the rigged tests and taxes stayed until the UsefulNotes/CivilRightsMovement.

In more recent times, a ''grandfather clause'' can come into effect when any sort of laws are altered or updated, so that existing buildings, tenants or procedures are not affected. For example, when a realty company changes their regulations regarding pets, it's common to allow anyone who already ''had'' one to keep them, and simply disallow ''new'' pets.

However, many white farmers were also poor and illiterate, meaning the Jim Crow laws would have affected them as well. In response, the legislatures changed the laws to, effectively, guarantee that anyone whose grandfather had been able to vote--or ''would'' have been able to vote, had he lived in the state--could himself vote without paying the tax or proving literacy. As the grandfathers of most black farmers were slaves and thus unable to vote, while almost all the grandfathers of white farmers were citizens and able to vote, this served as an effective measure for disenfranchising African-Americans without hurting poor whites. These kinds of grandfather clauses were found unconstitutional in 1915; the rigged tests and taxes stayed until the UsefulNotes/CivilRightsMovement.

The name has a rather unfortunate origin with the "Jim Crow laws" (named after a "[[MinstrelShows minstrel]]" character) that enforced segregation in the southern USA after the Civil War. Though they were designed to prevent newly freed slaves from voting, the laws couldn't be written to flat-out say, "Black people can't vote." So state legislatures enacted "poll taxes" (not a poll tax in the traditional sense of a fixed quantity everyone pays each year,[[note]]e.g. if the state passed a statute saying "Every citizen must pay the state $500 on April 15", that is a traditional poll tax; "poll" here is an archaic term for "head," so a "poll tax" is a "tax per head"[[/note]] but a literal one: If you go to the polls and can't pay, you can't vote), which disqualified most black votes because they were poor, and "literacy tests," which disqualified black voters, because they were illiterate. Not that literacy would have helped them, since these "tests" were also [[NintendoHard arbitrarily difficult]] (with questions like "name all the county judges in the state," or "name the exact date Oklahoma was admitted to the Union," or "how many bubbles are there in a bar of soap?") and had completely subjective scoring: White guy takes the test and gets 5/10? Passes. Black guy takes the test and gets 10/10? Make him take it again in French.

The name has a rather unfortunate origin with the "Jim Crow laws" (named after a "[[MinstrelShows minstrel]]" character) that enforced segregation in the southern USA after the Civil War. Though they were designed to prevent newly freed slaves from voting, the laws couldn't be written to flat-out say, "Black people can't vote." So state legislatures enacted "poll taxes" (not a poll tax in the traditional sense of a fixed quantity everyone pays each year,[[note]]e.g. if the state passed a statute saying "Every citizen pays the government $500 on April 15", that is a traditional poll tax; "poll" here is an archaic term for "head"[[/note]] but a literal one: If you go to the polls and can't pay, you can't vote), which disqualified most black votes because they were poor, and "literacy tests," which disqualified black voters, because they were illiterate. Not that literacy would have helped them, since these "tests" were also [[NintendoHard arbitrarily difficult]] (with questions like "name all the county judges in the state," or "name the exact date Oklahoma was admitted to the Union," or "how many bubbles are there in a bar of soap?") and had completely subjective scoring: White guy takes the test and gets 5/10? Passes. Black guy takes the test and gets 10/10? Make him take it again in French.

The name has a rather unfortunate origin with the "Jim Crow laws" (named after a "[[MinstrelShows minstrel]]" character) that enforced segregation in the southern USA after the Civil War. Though they were designed to prevent newly freed slaves from voting, the laws couldn't be written to flat-out say, "Black people can't vote." So state legislatures enacted "poll taxes" (not a poll tax in the traditional sense of a fixed quantity everyone pays each year, but a literal one: If you go to the polls and can't pay, you can't vote), which disqualified most black votes because they were poor, and "literacy tests," which disqualified black voters, because they were illiterate. Not that literacy would have helped them, since these "tests" were also [[NintendoHard arbitrarily difficult]] (with questions like "name all the county judges in the state," or "name the exact date Oklahoma was admitted to the Union," or "how many bubbles are there in a bar of soap?") and had completely subjective scoring: White guy takes the test and gets 5/10? Passes. Black guy takes the test and gets 10/10? Make him take it again in French.

However, many white farmers were also poor and illiterate, meaning the Jim Crow laws would have affected them as well. In response, the legislatures changed the laws to, effectively, guarantee that anyone whose grandfather had been able to vote--or ''would'' have been able to vote, had he lived in the state--could himself vote without paying the tax or proving literacy. As the grandfathers of most black farmers were slaves and thus unable to vote, this served as an effective measure for disenfranchising African-Americans without hurting poor whites. These kinds of grandfather clauses were found unconstitutional in 1915; the rigged tests and taxes stayed until the UsefulNotes/CivilRightsMovement.

However, many white farmers were also poor and illiterate, meaning the Jim Crow laws would have affected them as well. In response, the legislatures changed the laws to, effectively, guarantee that anyone whose grandfather had been able to vote could himself vote without paying the tax or proving literacy. As the grandfathers of most black farmers were slaves and thus unable to vote, this served as an effective measure for disenfranchising African-Americans without hurting poor whites. These kinds of grandfather clauses were found unconstitutional in 1915; the rigged tests and taxes stayed until the UsefulNotes/CivilRightsMovement.

The name has a rather unfortunate origin with the "Jim Crow laws" (named after a "[[MinstrelShows minstrel]]" character) that enforced segregation in the southern USA after the Civil War. Though they were designed to prevent newly freed slaves from voting, the laws couldn't be written to flat-out say, "Black people can't vote." So state legislatures enacted "poll taxes" (not a poll tax in the traditional sense of a fixed quantity everyone pays each year, but a literal one: If you go to the polls and can't pay, you can't vote), which disqualified most black votes because they were poor, and "literacy tests," which disqualified black voters, because they were illiterate. Not that literacy would have helped them, since these "tests" were also [[NintendoHard arbitrarily difficult]] (with questions like "name all the county judges in the state," or "name the exact date Oklahoma was admitted to the Union," or "how many bubbles are there in a bar of soap?") and had completely subjective scoring: White guy takes the test and gets 5/10? Passes. Black guy takes the test and gets 10/10? Make him take it again in French. However, many white farmers were also poor and illiterate, meaning the Jim Crow laws affected them as well. In response, the legislatures changed the laws to, effectively, guarantee that anyone whose grandfather had been able to vote could himself vote without paying the tax or proving literacy. As the grandfathers of most black farmers were slaves and thus unable to vote, this served as an effective measure for disenfranchising African-Americans without hurting poor whites. These kinds of grandfather clauses were found unconstitutional in 1915; the rigged tests and taxes stayed until the UsefulNotes/CivilRightsMovement.

The name has a rather unfortunate origin with the "Jim Crow laws" (named after a "[[MinstrelShows minstrel]]" character) that enforced segregation in the southern USA after the Civil War. Though they were designed to prevent newly freed slaves from voting, the laws couldn't be written to flat-out say, "Black people can't vote." So state legislatures enacted "poll taxes" (not a poll tax in the traditional sense of a fixed quantity everyone pays each year, but a literal one: If you go to the polls and can't pay, you can't vote), which disqualified most black votes because they were poor, and "literacy tests," which disqualified black voters, because they were illiterate. Not that literacy would have helped them, since these "tests" were also [[NintendoHard arbitrarily difficult]] (with questions like "name all the county judges in the state," or "name the exact date Oklahoma was admitted to the Union," or "how many bubbles are there in a bar of soap?") and had completely subjective scoring: White guy takes the test and gets 5/10? Passes. Black guy takes the test and gets 10/10? Make him take it again in French. However, many white farmers were also poor and illiterate, meaning the Jim Crow laws affected them as well. In response, the legislatures changed the laws to, effectively, guarantee that anyone whose grandfather had been able to vote could himself vote without paying the tax or proving literacy. As the grandfathers of most black farmers were slaves and thus unable to vote, this served as an effective measure for disenfranchising African-Americans without hurting poor whites.

The name has a rather unfortunate origin with the "Jim Crow laws" (named after a "[[MinstrelShows minstrel]]" character) that enforced segregation in the southern USA after the Civil War. Though they were designed to prevent newly freed slaves from voting, the laws couldn't be written to flat-out say, "Black people can't vote." So state legislatures enacted poll taxes and literacy tests, which succeeded in disqualifying black voters, who were overwhelmingly poor and illiterate. However, many white farmers were also poor and illiterate, meaning the Jim Crow laws affected them as well. In response, the legislatures changed the laws to, effectively, guarantee that anyone whose grandfather had been able to vote could himself vote without paying the tax or proving literacy. As the grandfathers of most black farmers were slaves and thus unable to vote, this served as an effective measure for disenfranchising African-Americans without hurting poor whites.