Federalism in the United States in the context of Dual federalism

The Union is a term used to refer to the central government and loyal states of the United States during the American Civil War. Its military forces and civilian population resisted the purported secession of the slave states that formed the Confederate States of America following the 1860 election of Abraham Lincoln as president of the United States. Lincoln's administration asserted the permanency of the federal government and the continuity of the United States Constitution, and it refused to recognize the Confederate government.

Nineteenth-century Americans commonly used the term Union to mean either the federal government of the United States or the unity of the states within the federal constitutional framework. The Union can also refer to the people or territory of the states that remained loyal to the national government during the war. The loyal U.S states located mostly above the Mason–Dixon line were also known as the North, although four southern border states and the future state of West Virginia remained loyal to the Union, and Black Southerners and many Southern Unionists opposed secession and supported the Union war effort.

The Tenth Amendment (Amendment X) to the United States Constitution, a part of the Bill of Rights, was ratified on December 15, 1791. It expresses the principle of federalism, whereby the federal government and the individual states share power, by mutual agreement. The Tenth Amendment prescribes that the federal government has only those powers delegated to it by the Constitution, and that all other powers not forbidden to the states by the Constitution are reserved to each state, or to the people.

The amendment, with origins before the American Revolution, was proposed by the 1st United States Congress in 1789 during its first term following the adoption of the Constitution. It was considered by many members as a prerequisite before they would ratify the Constitution, and particularly to satisfy demands of Anti-Federalists, who opposed the creation of a stronger federal government.

The Liberty Party was an abolitionist political party in the United States before the American Civil War. The party experienced its greatest activity during the 1840s, while remnants persisted as late as 1860. It supported James G. Birney in the presidential elections of 1840 and 1844. Others who attained prominence as leaders of the Liberty Party included Gerrit Smith, Salmon P. Chase, Henry Highland Garnet, Henry Bibb, and William Goodell. They attempted to work within the federal system created by the United States Constitution to diminish the political influence of the Slave Power and advance the cause of universal emancipation and an integrated, egalitarian society.

In the late 1830s, the antislavery movement in the United States was divided between Garrisonian abolitionists, who advocated nonresistance and anti-clericalism and opposed any involvement in electoral politics, and Anti-Garrisonians, who increasingly argued for the necessity of direct political action and the formation of an anti-slavery third party. At a meeting of the American Anti-Slavery Society in May 1840, the Anti-Garrisonians broke away from the Old Organization to form the American and Foreign Anti-Slavery Society. The New Organization included many political abolitionists who gathered in upstate New York to organize the Liberty Party ahead of the 1840 elections. They rejected the Garrisonian singular emphasis on moral suasion and asserted that abolitionists should oppose slavery by all available means, including by coordinating at the ballot box.

Barron v. Baltimore, 32 U.S. (7 Pet.) 243 (1833), is a landmark United States Supreme Court case in 1833, which helped define the concept of federalism in US constitutional law. The Court ruled that the Bill of Rights did not apply to the state governments, establishing a precedent until the ratification of the Fourteenth Amendment to the United States Constitution. The case is also significant for highlighting the separation between federal government and state government.

New Federalism is a political philosophy of devolution, or the transfer of certain powers from the United States federal government back to the states. The primary objective of New Federalism, unlike that of the eighteenth-century political philosophy of Federalism, is the restoration of some of the autonomy and power, which individual states had lost to the federal government as a result of President Franklin Roosevelt's New Deal policies. Many of the ideas of New Federalism originated with Richard Nixon.

As a policy theme, New Federalism typically involves the federal government providing block grants to the states to resolve a social issue. The federal government then monitors outcomes but provides broad discretion to the states for how the programs are implemented. Advocates of this approach sometimes cite a quotation from a dissent by Louis Brandeis in New State Ice Co. v. Liebmann:

William Hubbs Rehnquist (October 1, 1924 – September 3, 2005) was an American attorney who served as the 16th chief justice of the United States from 1986 until his death in 2005, having previously been an associate justice from 1972 to 1986. Considered a staunch conservative, Rehnquist favored a conception of federalism that emphasized the Tenth Amendment's reservation of powers to the states.

Rehnquist grew up in Milwaukee, Wisconsin, and served in the U.S. Army Air Forces from 1943 to 1946. Afterward, he studied political science at Stanford University and Harvard University, then attended Stanford Law School, where he was an editor of the Stanford Law Review and graduated first in his class. Rehnquist clerked for Justice Robert H. Jackson during the Supreme Court's 1952–1953 term, then entered private practice in Phoenix, Arizona. Rehnquist served as a legal adviser for Republican presidential nominee Barry Goldwater in the 1964 U.S. presidential election, and President Richard Nixon appointed him U.S. Assistant Attorney General of the Office of Legal Counsel in 1969. In that capacity, he played a role in forcing Justice Abe Fortas to resign for accepting $20,000 from financier Louis Wolfson before Wolfson was convicted of selling unregistered shares.

The United States House of Representatives is a chamber of the bicameral United States Congress; it is the lower house, with the U.S. Senate being the upper house. Together, the House and Senate have the authority under Article One of the U.S. Constitution in enumerated matters to pass or defeat federal legislation, known as bills. Those that are also passed by the Senate are sent to the president for signature or veto. The House's exclusive powers include initiating all revenue bills, impeaching federal officers, and electing the president if no candidate receives a majority of votes in the Electoral College.

Members of the House serve a fixed term of two years, with each seat up for election before the start of the next Congress. Special elections may occur in the case of a vacancy. The House's composition was established by Article One of the United States Constitution. The House is composed of representatives who, pursuant to the Uniform Congressional District Act, sit in single member congressional districts allocated to each state on the basis of population as measured by the United States census, provided that each state gets at least one representative. Since its inception in 1789, all representatives have been directly elected. Although suffrage was initially limited, it gradually widened, particularly after the ratification of the Nineteenth Amendment and the civil rights movement.