May 03, 2010
Under the popular interpretation, literally anything can fall under the Interstate Commerce clause.
Masturbators often use unguents and lubricants to enhance the experience. Unguents and lubricants are items of commerce, and therefore (by current Court precedent) items of interstate commerce. Masturbation increases the demand for items of commerce, and therefore “materially affects” interstate commerce. The fact that not all masturbators use unguents and/or lubricants is irrelevant — the fact that some do affects commerce.
Furthermore, the whole point of masturbation is to reach sexual climax. Sexual climax is a state in which bodily functions including metabolism are accelerated, and accelerated metabolism increases output of carbon dioxide. It is already firmly established that carbon dioxide is an item of interstate commerce.
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