Just because an aggregated non-economic activity substantially affects ISC doesn't necessarily mean the federal government can regulate it.
Stated differently: Congress cannot regulate noneconomic conduct based solely on the aggregate effect on ISC.
Criminal law: if thsi was the case, then Congress would be able to regulate any crime so land as the nationwide aggregated impact had a substantial impace on employment, production, transit, or consumption—an untenable result.
Here, there were concrete legislative findings that sexual assault has a substantial impace on ISC; however, the Court refused to give blind deference ot these legislative findings and instead used independent judicial reasoning to come to a conclusion.
Recall Perez: Congress may regulate economic crimes that, in the aggregate, substantially affect ISC.