It seems to me, more and more, that everything around us is reducible to sex. And if it isn't actually that warm little secret familiar tingle and rush, then matters can still be communicated sexually, in metaphors.
Justice Breyer was dealing with the Obamacare matter during oral argument, and the question of whether the commerce clause has any limitations that would prevent the government from requiring citizens from buying insurance, or a Chevy Volt, or multiple use condoms for that matter. (Just rinse, roll, and repeat!)
Judge Breyer said,
. . . and I think if we look back in history we see sometimes Congress can create commerce out of nothing. That's the national bank which was created out of nothing to create other commerce out of nothing. I look back into history and I see it seems pretty clear that any substantial affects on interstate commerce, Congress can act.
That's the McCulloch v. Maryland case, which said that Congress could create a national bank. But that case was a "necessary and proper" case, not a "commerce clause" case. Lawyers will know that case. Shoot, my high school history teacher, the football coach, told us about that case. You'd think an Article III judge would know it's a "necessary and proper" case. Why not? ONly one possible explanation. He spent every possible minute of his school years boinking till his ears sizzled. Nothing else could explain it. (Bet you wondered how I'd get back to the main topic, didn't you.)
Oh, and continuing the metaphor, it also means we are so screwed.