The wonan who opened the first birth-control clinic in the United States was

congress also has implied powers, which derive from the necessary and proper clause of the constitution and permit congress "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the united states.

it was certainly a debatable decision, mainly because it was based primarily on political - and not on legal or social - views. since the congress at that time was led by members of the republican party, and the territory that the tribes wanted to turn into an exclusively indian state was predominantly democratic, the proposal (as expressed in the constitution) did not succeed, but the constitution itself proved to be of crucial importance in the creation of the state of oklahoma, and, most importantly, it guaranteed the involvement of representatives of the indian tribes in the government of the future joint state.  

as a member of congress, i would have voted to ratify the constitution, or at least to have it tabled. ignoring it was an interested and partial decision.