Not wishing to overly encourage this tangent, but I draw your attention to:
http://www.access.gpo.gov/congress/s...tion/art1.html
"ENUMERATED, IMPLIED, RESULTING, AND INHERENT POWERS"
IANAL, but in my understanding, the doctrine of enumerated powers as expressed by Atanvarno has been rejected on the basis that implied within the right to wage war and acquire territory is the right to govern such territory. Similarly, subscriber states to the Union are subject to the influence of the Federal Govermnent, which excercises appropriate implied powers, such as a legislative mandate.
~deep breath~
On the subject of partial birth abortion. The main problem with this technique lies in the emotive name it has been given.
D&X, dilation and extraction procedures seem to me no worse than any other form.
The issue of abortion is a terribly difficult one, and somewhat beside the point.
The main problem in the US is that a judgement based on the XIIIth amendment to the US Constitution was used to decide on abortion, and the subsequent legislative mish-mash is a serious problem.
It is vital that some substantive, legislative initiative be taken to clear the mess up, and prevent Judicial Activism from having to do it.