We would not advance this argument, but the Government has offered an argument in a parallel case that suggests a distinction between the '76 act and this case. That's not been briefed here. It's been grounded in their claim that the treaty power creates some special power.
The government argues a lot.
( z1 argue :ARG0 ( z2 government-organization :ARG0-of ( z3 govern ) ) :quant ( z4 lot ) )