Can the "terrorist" loophole be used to circumvent the 2nd Amendment?

[Ganryu Kojiro]

Well, let's think about this one. You're looking to strip away a right based on membership in a group. So, that implicates freedom of association right away (first amendment), and the due process clause of the fifth (this is a federal regulation).

Second, you'll need to base this in some enumerated power of the constitution. Commander-in-chief power works for unlawful combatants but probably not for domestic cases. Maybe necessary and proper, but I think that's a stretch. This all seems like more of a police power issue which is properly the province of the states.

The real problem is that this doesn't seem like a proper example of executive power. There are lot's of things that a president can do on his own without congressional say-so (Obama is doing that more and more in the face of Republican intransigence) but this seems like overreach.

Caveats: My brain is melted from having taken the California Bar in the past few weeks and I'm not yet a lawyer, let alone a con law attorney. The above opinion isn't worth a cup of coffee and is offered as a good faith answer to a hypothetical without weighing in on the advisability.

[mothedrine]

Ganryu Kojiro: Hey, good luck man.

I was strung out when I took mine too. Multistate was the first day and wasn't too bad. Essays were the second day. I was convinced I'd fail. I got up mid-way through, hit the bathroom, had a smoke. People thought I was insane - every second counts - right? Fuck it.

I just followed the basic rule - hit all of the issues and you'll probably pass if you explain just a couple of them. Don't know if things are still the same, but best of luck to you.

[Ganryu Kojiro]

Thanks bud. A lawyer friend stopped me the day before I left work for my study sabbatical and said, "Keep your head, hit the high points, underline your buzz words, remember that they only give each essay about two minutes before grading it."

Felt good when I took it, been convincing myself I did badly since. We'll see in a few months. Figure I'll have my bar card no later than Christmas 2013.