Executive Order No. 11821 was intended primarily as a managerial tool for implementing the President's personal economic policies and not as a legal framework enforceable by private civil action.

—"[p] residential proclamations and orders have the force and effect of law when issued pursuant to a statutory mandate or delegation of authority from Congress."

An executive order of the President is to be accorded the force and effect given to a statute enacted by Congress.

First, section 102 (f) of the Act does not require an economic impact statement.[7] Second, a private civil action is not available for enforcement of Executive Order 11821.

For an executive order to be judicially enforceable, it must have the force and effect of law, and it must create a private right of action.

While it is permissible for a court to engage in substantial inquiry into the facts, absent clear error, it must be wary to substitute its judgment for that of an expert agency.

If Congress had intended for the modifier "as an element" to be stretched to the wholly separate element of the domestic relationship, Congress would have chosen the plural term "elements" rather than the singular term "element."

I Once a rule is found to have been made pursuant to a proper statutory authorization, as will be the case for most rules, the question is whether the rule creates judicially enforceable private rights.

In the past decade, there have been a great many lower court cases involving inherent executive power that never reached the Supreme Court.

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