The idea of states having the upper hand over the federal government was decided with the civil war--slavery ended despite some states feeling it was perfectly OK to keep others in bondage.

So yes, states are allowed to make their own rules so long as the federal government over rules them when it is against federal rules. Fed trumps states. That is the law.

My point earlier remains the same--we let states decide how much to spend on education and how that education is done and guess what--liberal states are kicking con states asses academically because we put the money into schools you wont in order to keep your taxes low....it shows where you see education and your kids future in your order of importance.