The War on Drugs is a campaign of prohibition and foreign military aid being undertaken by the United States government, with the assistance of participating countries, intended to both define and reduce the illegal drug trade, and to combat leftist political movements and insurgencies in foreign nations. This initiative includes a set of laws and policies that are intended to discourage the production, distribution, and consumption of targeted substances. The term was first used by President Richard Nixon in 1969.
On May 13, 2009, Gil Kerlikowske, the current Director of the Office of National Drug Control Policy, signaled that although it didn't plan to significantly alter drug enforcement policy, the Obama administration would not use the term "War on Drugs," as he claims it is counter-productive.The Fiscal Year 2011 National Drug Control Budget proposed by the Obama Administration will devote significant new resources to the prevention and treatment of drug abuse.
History of drug prohibition in the U.S.
Although Nixon popularized the term "War on Drugs" when he first used it in 1969, the policies that his administration implemented as part of the Comprehensive Drug Abuse Prevention and Control Act of 1970 were a continuation of drug prohibition policies in the U.S. which stretched back to the year 1914.
The first U.S. law which restricted the distribution and use of certain drugs was the Harrison Narcotics Tax Act of 1914.
In 1919 the United States the National Prohibition Act prohibited the sale, manufacture, and transportation of alcohol for consumption on a national level.
In 1930, the Federal Bureau of Narcotics was created.
In 1937, the Marijuana Transfer Tax Act was passed in order to destroy the hemp industry, largely as a result of the efforts of the wealthy capitalists Andrew Mellon, Randolph Hearst, and the Du Pont family. With the invention of the decorticator, hemp became a very cheap substitute for the paper pulp that was used in the newspaper industry. Hearst felt that this was a threat to his extensive timber holdings. Mellon, Secretary of the Treasury and the wealthiest man in America, had invested heavily in the Du Pont families new synthetic fiber, nylon, which was being outcompeted by hemp.
In 1970, the Nixon administration implemented the Comprehensive Drug Abuse Prevention and Control Act of 1970.
In 1973, the Drug Enforcement Agency was created to replace the Bureau of Narcotics and Dangerous Drugs.
In 1988 Ronald Reagan created the Office of National Drug Control Policy for central coordination of drug-related legislative, security, diplomatic, research and health policy throughout the government. The director of ONDCP is commonly known as the Drug Czar. The position was raised to cabinet-level status by Bill Clinton in 1993.
United States domestic policy
Arrests and incarceration
In 1994, it was reported that the "War on Drugs" results in the incarceration of one million Americans each year. Of the related drug arrests, about 225,000 are for possession of cannabis, the fourth most common cause of arrest in the United States.
In 2008, 1.5 million Americans were arrested for drug offenses. 500,000 were imprisoned.
In the 1980s, while the number of arrests for all crimes was rising 28%, the number of arrests for drug offenses rose 126%. The United States has a higher proportion of its population incarcerated than any other country in the world for which reliable statistics are available, reaching a total of 2.2 million inmates in the U.S. in 2005. The US Department of Justice, reporting on the effects of state initiatives, has stated that, from 1990 through 2000. "the increasing number of drug offenses accounted for 27% of the total growth among black inmates, 7% of the total growth among Hispanic inmates, and 15% of the growth among white inmates." In addition, the United States provides for the deportation of many non-citizens convicted of drug offenses.
Federal and state policies also impose collateral consequences on those convicted of drug offenses, such as denial of public benefits or licenses, that are not applicable to those convicted of other types of crime.
In addition to prison or jail, federal law provides for the deportation of many non-citizens convicted of drug offenses.
Marijuana constitutes almost half of all drug arrests, and between 1990–2002, out of the overall drug arrests, 82% of the increase was for marijuana. Less than 1% of all state prison inmates are serving time for personal marijuana possession, not sale.
Crime statistics show that in the United States racial minorities are far more likely to be targetted by law enforcement for drug crimes, and receive much stiffer penalties and sentences than non-minorities.
There are wide racial disparities in arrests, prosecutions, sentencing and deaths. African-americans, who only comprise 13% of regular drug users, make up for 35% of drug arrests, 55% of convictions, and 74% of people sent to prison for drug possession crimes. Nationwide African-Americans sent to state prisons for drug offenses 13 times more often than white men, even though they only comprise 13% of regular drug users.
In 1986, the U.S. Congress passed laws that created a 100 to 1 sentencing disparity for crack vs. powder cocaine possession, which many consider to be a racist law which discriminates against minorities, who are more likely to use crack than powder cocaine. People convicted in federal court of possession of 5 grams of crack cocaine will receive a minimum mandatory sentence of 5 years in federal prison. On the other hand, possession of 500 grams of powder cocaine carries the same sentence.
Even though black and white women have similar levels of drug use during pregnancy, black women are 10 times as likely as white women to be reported to a child welfare agency for prenatal drug use.
Foreign policy and covert military activities
The phrase "War on Drugs" has been condemned as being propaganda to justify military or paramilitary operations under the guise of a noble cause. Large amounts of "drug war" foreign aid money, training, and equipment actually goes to fighting leftist insurgencies, and is often provided to groups who themselves are large-scale narco-traffickers, such as the Colombian military.
Operation Just Cause
In 1989, the United States invaded Panama as part of Operation Just Cause, which involved 25,000 American troops. Gen. Manuel Noriega, head of government of Panama, had been giving military assistance to Contra groups in Nicaragua at the request of the U.S. which, in exchange, allowed him to continue his drug trafficking activities, which they had known about since the 1960s. When the DEA tried to indict Noriega in 1971, the CIA prevented them from doing so. The CIA, which was then directed by future president George Bush, provided Noriega with hundreds of thousands of dollars per year as payment for his work in Latin America. However, when CIA pilot Eugene Hasenfus was shot down over Nicaragua by the Sandinistas, documents aboard the plane revealed many of the CIA's activities in Latin America, and the CIA's connections with Noriega became a public relations "liability" for the U.S. government, which finally allowed the DEA to indict him for drug trafficking, after decades of allowing his drug operations to proceed unchecked.Operation Just Cause, whose ostensible purpose was to capture Noriega, killed numerous Panamanian civilians, but failed to capture Noriega, who found asylum in the Papal Nuncio, and later surrendered to U.S. authorities in Miami, where he was sentenced to 45 years in prison.
As part of its Plan Colombia program, the United States government currently provides hundreds of millions of dollars per year of military aid, training, and equipment to Colombia, to fight left-wing guerrillas such as the FARC (Revolutionary Armed Forces of Colombia), which has been accused of being involved in drug trafficking.
Private U.S. corporations have signed contracts to carry out anti-drug activities as part of Plan Colombia. DynCorp, the largest private company involved, was among those contracted by the State Department, while others signed contracts with the Defense Department.
Colombian military personnel have received extensive counterinsurgency training from U.S. military and law enforcement agencies, including the School of Americas (SOA). More Colombian SOA graduates have been implicated in human rights abuses than SOA graduates from any other country. All of the commanders of the brigades highlighted in a 2001 Human Rights Watch report on Colombia were graduates of the SOA, including the III brigade in Valle del Cauca, where the 2001 Alto Naya Massacre occurred. US-trained officers have been accused of being directly or indirectly involved in many atrocities during the 1990s, including the Massacre of Trujillo and the 1997 Mapiripán Massacre. US military schools and manuals have been training Latin American officers in Colombia and in the region at large since the 1960s, and have taught students to target civilian supporters of the guerrillas.
In 2000, the Clinton administration initially waived all but one of the human rights conditions attached to Plan Colombia, considering such aid as crucial to national security at the time.
The U.S. and Colombian governments primarily focus on fighting leftist guerrillas, in order to push them out of the illicit drug trade, giving control of the drug supply to right-wing paramilitaries and Colombian military which have a much greater degree of participation in the illicit drug industry. Human Rights Watch, congressional committees and other entities have documented the existence of connections between members of the Colombian military and the AUC, which the U.S. government has listed as a terrorist group, and that Colombian military personnel have committed human rights abuses which would make them ineligible for U.S. aid under current laws.
The Mérida Initiative is a security cooperation approved on June 30, 2008 between the United States and the government of Mexico and the countries of Central America, with the aim of combating the threats of drug trafficking and transnational crime. The Merida Initiative will appropriate $1.4 billion in a three year commitment to the Mexican government for military and law enforcement training and equipment, as well as technical advice and training to strengthen the national justice systems. No weapons are included in the plan.
Aerial herbicide application
The United States regularly sponsors the spraying of large amounts of toxic herbicides such as Agent Orange and Roundup over the jungles of Central and South America as part of it's "drug eradication" programs. Many farmers who live below, and have nothing to do with the drug trade, are exposed to dangerous doses of toxic pesticides which cause severe health problems, birth defects, and deaths.
Environmental consequences resulting aerial fumigation, have been criticized as detrimental to some of the world's most fragile ecosystems; the same aerial fumigation practices are further credited with causing health problems in local populations.
Many Latin American farmers say that the fumigation programs are destroying their food crops, and that they are starving as a result.
Public support/opposition to the War on Drugs
The War on Drugs has been a highly contentious issue since its inception.
Critics cite a large number of unnecessary deaths and imprisonments, increased levels of violent crime and gang activity, wasted government funds, violation of civil liberties, lack of public support, illegality of current drug policies, environmental destruction from drug eradication programs, lack of effectiveness, and a number of other issues.
Supporters claim that the War on Drugs is effective, saves families/communities, makes people more productive, that social conditions are better as a result of it, and several other things.
Cyclic creation of permanent underclass
Some authors maintain that the War on Drugs has resulted in the creation of a permanent underclass of people who have few educational or job opportunities, often as a result of being punished for drug offenses which in turn have resulted from attempts to earn a living in spite of having no education or job opportunities.
Penalties for drug crimes among youth almost always involve permanent or semi-permanent removal from opportunities for education, strip them of voting rights, and later involve creation of criminal records which make employment far more difficult.
Costs to Taxpayers
A 2008 study by Harvard economist Jeffrey A. Miron has estimated that legalizing drugs would inject $76.8 billion a year into the U.S. economy — $44.1 billion from law enforcement savings, and at least $32.7 billion in tax revenue ($6.7 billion from marijuana, $22.5 billion from cocaine and heroin, remainder from other drugs). Recent surveys help to confirm the consensus among economists to reform drug policy in the direction of decriminalization and legalization.
Impact on growers
The status of coca and coca growers has become an intense political issue in several countries, including Colombia and particularly Bolivia, where the president, Evo Morales, a former coca growers' union leader, has promised to legalise the traditional cultivation and use of coca.
The US's coca eradication policy has been criticised for its negative impact on the livelihood of coca growers in South America. In many areas of South America the coca leaf has traditionally been chewed and used in tea and for religious, medicinal and nutritional purposes by locals. For this reason many insist that the illegality of traditional coca cultivation is unjust. In many areas the US government and military has forced the eradication of coca without providing for any meaningful alternate crop for farmers, and has additionally destroyed many of their food or market crops, leaving them starving and destitute.
In Afghanistan, the implementation of costly poppy eradication policies by the international community, and in particular the United States since their military intervention in 2001, have led to poverty and discontent on the part of the rural community, especially in the south of the country where alternative development policies have not been put in place to replace livelihoods lost through eradication. Furthermore, poppy cultivation has dramatically increased since 2003 as has support for anti-government elements. Although alternative policies such as controlled opium licensing have been suggested and are supported by many in Afghanistan and abroad, government leaders have still to move away from harmful eradication schemes.
U.S. government involvement in drug trafficking
The CIA, DEA, State Department, and several other U.S. government agencies have been implicated in various drug trafficking enterprises, which were used to fund illegal covert activities in several nations.
CIA and Contra cocaine trafficking
The involvement of the United States Central Intelligence Agency (CIA) in cocaine trafficking in Central America during the Reagan Administration as part of the Contra war in Nicaragua has been the subject of several official and journalistic investigations since the mid-1980s.
In 1984, U.S. officials began receiving reports of Contra cocaine trafficking. Three officials told journalists that they considered these reports "reliable." Former Panamanian deputy health minister Dr. Hugo Spadafora, who had fought with the Contra army, outlined charges of cocaine trafficking to a prominent Panamanian official and was later found murdered. The charges linked the Contra trafficking to Sebastián González Mendiola, who was charged with cocaine trafficking on November 26, 1984, in Costa Rica. In 1985, another Contra leader "told U.S. authorities that his group was being paid $50,000 by Colombian traffickers for help with a 100-kilo cocaine shipment and that the money would go 'for the cause' of fighting the Nicaraguan government." A 1985 National Intelligence Estimate revealed cocaine trafficking links to a top commander working under Contra leader Edén Pastora. Pastora had complained about such charges as early as March 1985, claiming that "two 'political figures' in Washington told him last week that State Department and CIA personnel were spreading the rumor that he is linked to drug trafficking in order to isolate his movement."
On December 20, 1985, these and other charges were laid out in an Associated Press article after an extensive investigation which included interviews with "officials from the Drug Enforcement Administration (DEA), Customs Service, Federal Bureau of Investigation (FBI) and Costa Rica's Public Security Ministry, as well as rebels and Americans who work with them." Five American Contra supporters who worked with the rebels confirmed the charges, noting that "two Cuban-Americans used armed rebel troops to guard cocaine at clandestine airfields in northern Costa Rica. They identified the Cuban-Americans as members of the 2506 Brigade, an anti-Castro group that participated in the 1961 Bay of Pigs attack on Cuba. Several also said they supplied information about the smuggling to U.S. investigators." One of the Americans "said that in one ongoing operation, the cocaine is unloaded from planes at rebel airstrips and taken to an Atlantic coast port where it is concealed on shrimp boats that are later unloaded in the Miami area."
On March 16, 1986, the San Francisco Examiner published a report on the "1983 seizure of 430 pounds of cocaine from a Colombian freighter" in San Francisco which indicated that a "cocaine ring in the San Francisco Bay area helped finance Nicaragua's Contra rebels." Carlos Cabezas, convicted of conspiracy to traffic cocaine, said that the profits from his crimes "belonged to... the Contra revolution." He told the Examiner, "I just wanted to get the Communists out of my country." Julio Zavala, also convicted on trafficking charges, said "that he supplied $500,000 to two Costa Rican-based Contra groups and that the majority of it came from cocaine trafficking in the San Francisco Bay area, Miami and New Orleans."
Former CIA agent David MacMichael explained the inherent relationship between CIA activity in Latin America and drug trafficking: "Once you set up a covert operation to supply arms and money, it's very difficult to separate it from the kind of people who are involved in other forms of trade, and especially drugs. There is a limited number of planes, pilots and landing strips. By developing a system for supply of the Contras, the US built a road for drug supply into the US."
In April 1986, Associated Press reported on an FBI probe into Contra cocaine trafficking. According to the report, "Twelve American, Nicaraguan and Cuban-American rebel backers interviewed by The Associated Press said they had been questioned over the past several months [about contra cocaine trafficking] by the FBI. The interviews, some covering several days, were conducted in Florida, Alabama, Mississippi, Louisiana, Texas, Colorado and California, the Contra backers said." Several of the backers told AP of firsthand knowledge of cocaine trafficking.
On April 17, 1986, the Reagan Administration released a three page report acknowledging that there were some Contra-cocaine connections in 1984 and 1985, arguing that these connections occurred at a time when the rebels were "particularly hard pressed for financial support" because U.S. aid had been cut off. The report admitted that "We have evidence of a limited number of incidents in which known drug traffickers have tried to establish connections with Nicaraguan resistance groups." The report tried to downplay the drug activity, claiming that it took place "without the authorization of resistance leaders." HMMM!!!
In 1986, Senator John Kerry and Senator Christopher Dodd proposed a series of hearings at the Senate Foreign Relations Committee regarding charges of Contra involvement in drug trafficking; the hearings were conducted by Senator Richard G. Lugar of Indiana, the Republican Chairman of the Committee. The report of the Committee, released on April 13, 1989, found that "Contra drug links included... payments to drug traffickers by the U.S. State Department of funds authorized by the Congress for humanitarian assistance to the Contras, in some cases after the traffickers had been indicted by federal law enforcement agencies on drug charges, in others while traffickers were under active investigation by these same agencies." The U.S. State Department paid over $806,000 to known drug traffickers to carry humanitarian assistance to the Contras.
Former DEA agent Celerino Castillo alleged that during the 1980s Ilopango Airport in El Salvador was used by Contras for drug smuggling flights with the knowledge and complicity of the CIA. These allegations were part of an investigation by the United States Department of Justice Office of the Inspector General.Castillo also testified before the House Permanent Select Committee on Intelligence. Between 1996 and 1998 the Central Intelligence Agency investigated and then published a report about its alleged involvement in cocaine sales in the US. This was prompted by the journalist Gary Webb's report in the San Jose Mercury News alleging that the CIA was behind the 1980s crack epidemic.
After the Gary Webb report in the Mercury News, the CIA Inspector General Frederick Hitz was assigned to investigate these allegations in 1996. The CIA director John Deutch pledged that Hitz would present his findings in three months. But for almost a year and a half, there was little news. Then on December 18, 1997, stories in the Washington Post and New York Times appeared, stating that Hitz had found "no direct or indirect" links between the CIA and cocaine traffickers, despite the reporters never seeing the report. This story of no links between the CIA and cocaine traffickers was quickly picked up by the networks.
Six weeks later, the new CIA director, George Tenet declared that he was releasing the report. Tenet denied the Gary Webb allegations, which were reported nationally.
Contents of the report
The contents of the actual report was largely ignored by the national media. In the 623rd paragraph, the report described a cable from the CIA's Directorate of Operations dated October 22, 1982, describing a prospective meeting between Contra leaders in Costa Rica for "an exchange in [the United States] of narcotics for arms, which then are shipped to Nicaragua." The two main Contra groups, US arms dealers, and a lieutenant of a drug ring which imported drugs from Latin America to the US west coast were set to attend the Costa Rica meeting. The lieutenant trafficker was also a Contra, and the CIA knew that there was an arms-for-drugs shuttle and did nothing to stop it.
The report stated that the CIA had requested the Justice Department return $36,800 to a member of the Meneses drug ring, which had been seized by DEA agents in the Frogman raid in San Francisco. The CIA's Inspector General said the Agency wanted the money returned "to protect an operational equity, i.e., a Contra support group in which it [CIA] had an operational interest."
Testimony of the CIA Inspector General
Six weeks after the declassified and heavily censored report was made public, Inspector General Hitz testified before a House congressional committee. Hitz stated that:
Volume II... will be devoted to a detailed treatment of what was known to CIA regarding dozens of people and a number of companies connected in some fashion to the Contra program or the Contra movement that were the subject of any sort of drug trafficking allegations. Each is closely examined in terms of their relationship with CIA, the drug trafficking activity that was alleged, the actions CIA took in response to the allegations, and the extent of information concerning the allegations that was Shared with U.S. law enforcement and Congress.
As I said earlier, we have found no evidence in the course of this lengthy investigation of any conspiracy by CIA or its employees to bring drugs into the United States. However, during the Contra era, CIA worked with a variety of people to support the Contra program. These included CIA assets, pilots who ferried supplies to the Contras, as well as Contra officials and others. Let me be frank about what we are finding. There are instances where CIA did not, in an expeditious or consistent fashion, cut off relationships with individuals supporting the Contra program who were alleged to have engaged in drug trafficking activity or take action to resolve the allegations.
Hitz also testified that the CIA did not "expeditiously" cut off relations with alleged drug traffickers.
Hitz also said that under an agreement in 1982 between Ronald Reagan's Attorney General William French Smith and the CIA, agency officers were not required to report allegations of drug trafficking involving non-employees, defined as paid and non-paid "assets"--pilots who ferried supplies to the contras, as well as contra officials and others.
This agreement, which had not previously been revealed, came at a time when there were allegations that the CIA was using drug dealers in its controversial covert operation to bring down the leftist Sandinista government in Nicaragua. Only after Congressional funds were restored in 1986 was the agreement modified to require the CIA to stop paying agents whom it believed were involved in the drug trade.
Heroin trafficking operations of the CIA, U.S. Navy and Sicilian Mafia
During World War II, the United States Navy was worried about strikes and labor disputes in eastern shipping ports interfering with their wartime logistics. So they released the mobster Lucky Luciano from prison, and collaborated with him to help the mafia take control of the ports and murder and terrorize labor union members to prevent labor unrest and ensure smooth shipping of supplies to Europe.
In order to prevent a Communist party from being elected in Italy following World War II, the CIA worked closely with the Sicilian Mafia, protecting them and assisting in their worldwide heroin smuggling operations, in exchange for the mafia's assistance with assassinating, torturing, and beating leftist political organizers.
CIA/KMT opium smuggling operations
In order to provide covert funds for the Kuomintang (KMT) forces loyal to Generalissimo Chiang Kai-Shek, who were fighting the Chinese communists under Mao, the CIA helped the KMT smuggle opium from China and Burma to Bangkok, Thailand by providing airplanes owned by one of their front businesses, Air America.
The National Research Council Committee on Data and Research for Policy on Illegal Drugs published its findings on the efficacy of the drug war. The NRC Committee found that existing studies on efforts to address drug usage and smuggling, from U.S. military operations to eradicate coca fields in Colombia, to domestic drug treatment centers, have all been inconclusive, if the programs have been evaluated at all: "The existing drug-use monitoring systems are strikingly inadequate to support the full range of policy decisions that the nation must make.... It is unconscionable for this country to continue to carry out a public policy of this magnitude and cost without any way of knowing whether and to what extent it is having the desired effect." The study, though not ignored by the press, was ignored by top-level policymakers, leading Committee Chair Charles Manski to conclude, as one observer notes, that "the drug war has no interest in its own results."
During alcohol prohibition, alcohol use initially fell but began to increase as early as 1922. It has been extrapolated that even if prohibition hadn't been repealed in 1933, alcohol consumption would have quickly surpassed pre-prohibition levels . They argue that the War on Drugs uses similar measures and is no more effective.
In the six years from 2000–2006, the USA spent $4.7 billion on Plan Colombia, an effort to eradicate coca production in Colombia. The main result of this effort was to shift coca production into more remote areas and force other forms of adaptation. The overall acreage cultivated for coca in Colombia at the end of the six years was found to be the same, after the U.S. Drug Czar's office announced a change in measuring methodology in 2005 and included new areas in its surveys.Cultivation in the neighboring countries of Peru and Bolivia actually increased.
Similar lack of efficacy is observed in some other countries pursuing similar policies. In 1994, 28.5% of Canadians reported having consumed illicit drugs in their life; by 2004, that figure had risen to 45%. 73% of the $368 million spent by the Canadian government on targeting illicit drugs in 2004–2005 went toward law enforcement rather than treatment, prevention or harm reduction.
Richard Davenport-Hines, in his book The Pursuit of Oblivion (W.W. Norton & Company, 2001), criticized the efficacy of the War on Drugs by pointing out that
10–15% of illicit heroin and 30% of illicit cocaine is intercepted. Drug traffickers have gross profit margins of up to 300%. At least 75% of illicit drug shipments would have to be intercepted before the traffickers' profits were hurt.
Alberto Fujimori, president of Peru from 1990–2000, described U.S. foreign drug policy as "failed" on grounds that "for 10 years, there has been a considerable sum invested by the Peruvian government and another sum on the part of the American government, and this has not led to a reduction in the supply of coca leaf offered for sale. Rather, in the 10 years from 1980 to 1990, it grew 10-fold."
At least 500 economists, including Nobel Laureates Milton Friedman, George Akerlof and Vernon L. Smith, have noted that reducing the supply of marijuana without reducing the demand causes the price, and hence the profits of marijuana sellers, to go up, according to the laws of supply and demand. The increased profits encourage the producers to produce more drugs despite the risks, providing a theoretical explanation for why attacks on drug supply have failed to have any lasting effect. The aforementioned economists published an open letter to President George W. Bush stating "We urge...the country to commence an open and honest debate about marijuana prohibition... At a minimum, this debate will force advocates of current policy to show that prohibition has benefits sufficient to justify the cost to taxpayers, foregone tax revenues and numerous ancillary consequences that result from marijuana prohibition."
The declaration from the World Forum Against Drugs, 2008 state that a balanced policy of drug abuse prevention, education, treatment, law enforcement, research, and supply reduction provides the most effective platform to reduce drug abuse and its associated harms and call on governments to consider demand reduction as one of their first priorities in the fight against drug abuse.
Despite over $7 billion spent annually towards arresting and prosecuting nearly 800,000 people across the country for marijuana offenses in 2005(FBI Uniform Crime Reports), the federally-funded Monitoring the Future Survey reports about 85% of high school seniors find marijuana "easy to obtain." That figure has remained virtually unchanged since 1975, never dropping below 82.7% in three decades of national surveys.
Several authors have put forth arguments concerning the legality or illegality of the War on Drugs. Common arguments include that current drug laws violate freedom of religion and substantive due process laws, and that they are an improper usurpation of the power to regulate interstate commerce, and the power to prohibit should be reserved by the states.