Justice Breyer, under our theory as we've advanced it, you're right; the 1976 act would be unconstitutional. Whether this Court would apply such a holding in this case to that act is a question that would have to be resolved under the retrospective --
1976 act is unconstitutional
The act WOULD be  inconstitutional, but its not
( z1 constitutional :polarity - :domain ( z2 act :time ( z3 date-entity :year 1976 ) ) )