States' rights was an ideology applied as a means of advancing slave state interests through federal authority. Thomas Krannawitter notes the "Southern demand for federal slave protection represented a demand for an unprecedented expansion of Federal power." Before the war, slavery advocates supported use of federal powers to enforce and extend slavery, as with the Fugitive Slave Act of 1850 and the
Dred Scott v. Sandford decision. The faction that pushed for secession often infringed on states' rights. Because of the overrepresentation of pro-slavery factions in the federal government, many Northerners, even non-abolitionists, feared the
Slave Power conspiracy. Some Northern states resisted the enforcement of the Fugitive Slave Act.
Eric Foner states that the act "could hardly have been designed to arouse greater opposition in the North. It overrode state and local laws and legal procedures and 'commanded' individual citizens to assist, when called upon, in capturing runaways." He continues, "It certainly did not reveal, on the part of slaveholders, sensitivity to states' rights." According to
Paul Finkelman, "the southern states mostly complained that the northern states were asserting
their states' rights and that the national government was not powerful enough to counter these northern claims." The
Confederate Constitution also "federally" required slavery to be legal in all Confederate states and claimed territories.