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.
They try a lot of cases. 
( z1 try :ARG0 ( z2 they ) :ARG1 ( z3 case :quant ( z4 lot ) ) )