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United States v. Bohn (9th Cir. - Sept. 17, 2010)

By Shaun Martin

Exciting! A case involving the Property Clause. Which is hardly the most well-known, or most-often litigated, part of the Constitution.

To prove it: Do you know what the Property Clause is? See. Told ya.

Sure, the Clause makes sense. Which is perhaps why it's not often litigated.

But James Boehn is irate that he can't ride his motorcycle without a helmet on a federal road in the Stehekin Valley, and the Property Clause is his best argument.

Notice I said it's his "best" argument, not that it's a "winning" argument. He still loses.

So strap on your helmet. It's still a totally pretty place. Even with a face shield and a working cranium.

Full post as published by California Appellate Report on September 17, 2010 (boomark / email).