State's rights have been an issue since before the signing of the constitution, as can be seen by how long it took to get all the states on board. Many were rel

State's rights have been an issue since before the signing of the constitution, as can be seen by how long it took to get all the states on board. Many were reluctant to cede that much power. It was only in the early 19th century that the preeminence of the federal government was established, culminating in a ruling that states did not have the right to ignore the fugitive slave act right before the civil war. It's true that the slave states really embraced that position a their core justification, but that's not how it originated.