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.
An act in 1976 can be either good or bad depending on how you look at it. 
( z1 possible :ARG1 ( z2 or :op ( z3 good :ARG1 ( z4 act :time ( z5 date-entity :year 1976 ) ) ) :op ( z6 bad :ARG1 z4 ) :ARG0-of ( z7 depend :ARG1 ( z8 thing :manner-of ( z9 look :ARG0 ( z10 you ) :ARG1 z4 ) ) ) ) )