Unwritten Law artwork

Government · Mark Chenoweth & John Vecchione

Unwritten Law

by Mark Chenoweth & John Vecchione

Every day, unelected federal agencies make decisions that affect your job, your business, your speech, your property, and your constitutional rights—often without Congress ever voting on them. From the rules that govern small businesses to the regulations that shape everyday life, the modern administrative state reaches further than most Americans realize. On Unwritten Law, constitutional lawyers Mark Chenoweth and John Vecchione break down the biggest legal battles involving federal agencies, government overreach, and the Constitution. Each episode explores real cases challenging the expanding power of the administrative state, explaining how these disputes affect ordinary Americans, businesses, and the future of limited government. Whether the topic is the Supreme Court, free speech, property rights, due process, jury trials, executive power, or the separation of powers, Unwritten Law explains the legal issues behind today's biggest constitutional debates in clear, accessible language. You'll hear directly from the attorneys litigating landmark cases, as well as clients whose lives and livelihoods have been changed by unlawful government action. Produced by the New Civil Liberties Alliance (NCLA), Unwritten Law takes listeners behind the headlines to explain how federal agencies exercise regulatory power, how constitutional challenges move through the courts, and why these cases matter—even if you've never stepped inside a courtroom. If you've ever wondered who really writes the rules that govern your life, why unelected bureaucrats hold so much authority, or how the Constitution protects individual liberty, Unwritten Law will give you the context, the legal insight, and the real-world stories behind today's most important fights for civil liberties. Whether you're a lawyer, business owner, public servant, student, or simply someone who wants to better understand how government power affects everyday life, Unwritten Law gives you the legal insight behind the headlines—and the constitutional principles that protect individual liberty. Subscribe each week for conversations about Supreme Court litigation, constitutional law, the administrative state, federal agencies, government accountability, civil liberties, free speech, property rights, due process, separation of powers, regulatory power, and the legal battles shaping the future of American government.

Latest episodes

Showing 20 · updated from the feed

Who Can Challenge the White House Ballroom?

The Supreme Court has allowed construction of the new White House ballroom to continue—but the Court's 5–4 decision turned largely on a threshold question: Who actually h

Sep 20
18 min

NCLA Asks SCOTUS to Rein In the SEC

Can the SEC force someone to give up money when it cannot identify a single harmed investor? NCLA is asking the Supreme Court to take Spartan Securities Group v. SEC, a

Sep 15
33 min

60 Years Without Congressional Authorization

For roughly 60 years, the Department of Labor’s Office of Federal Contract Compliance Programs enforced a sweeping regulatory regime governing federal contractors—one roo

Sep 3
19 min

Why Is Washington Tracking Crabbers 24/7?

In this episode of Unwritten Law, NCLA Senior Litigation Counsel John Vecchione is joined by NCLA General Counsel Zhonette Brown to discuss Franey v. Washington Departmen

Sep 2
16 min

When Regulatory Shortcuts Become the Rule

In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione discuss the D.C. Circuit’s recent dec

Aug 26
17 min

Should Federal Judges Get to Pick Federal Prosecutors?

In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by Senior Litigation Couns

Aug 25
26 min

BASE Jumping, Bureaucrats, and Criminal Law

In this episode of Unwritten Law, NCLA Senior Litigation Counsel John Vecchione is joined by Litigation Counsel Casey Norman to discuss NCLA’s appeal in BASE Access v. Na

Aug 17
17 min

Education Is Speech: NCLA's Groundbreaking Case for Parental Choice

In this episode of Unwritten Law, NCLA Senior Litigation Counsel John Vecchione is joined by NCLA General Counsel Zhonette Brown to discuss Jacobsen v. Spellerberg, NCLA'

Aug 14
15 min

“Make Congress Great Again”? The Problem Isn’t the Supreme Court

In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione take on a provocative argument from T

Aug 13
27 min

Can a Federal Agency Be Your Prosecutor and Judge?

In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by Senior Litigation Couns

Aug 12
23 min

Can the Government Force You to Join a Private Organization?

In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by Senior Litigation Couns

Aug 1
29 min

Can Government Disarm a Synagogue?

In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by Senior Litigation Couns

Jul 31
18 min

Should SCOTUS Revisit Its 120-Year-Old Vaccine Precedent?

In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione discuss NCLA's Supreme Court amicus b

Jul 29
20 min

Can the Government Escape Accountability for Censorship?

In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by Litigation Counsel Case

Jul 22
22 min

Can Agency Commentary Increase Your Prison Sentence?

In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by Litigation Counsel Case

Jul 21
13 min

SCOTUS Special (Part 4): Title IX Means Sex

In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione are again joined by NCLA Staff Attorn

Jul 14
16 min

SCOTUS Special (Part 3): A Major Win for Digital Privacy

In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by NCLA Staff Attorney And

Jul 14
19 min

SCOTUS Summer Series (Part 1): The End of Humphrey's Executor

In this special Supreme Court edition of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by N

Jul 10
26 min

SCOTUS Special (Part 2): The Federal Reserve Exception?

Part 2 of our Supreme Court Special. In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione

Jul 10
29 min

Justice Thomas's Warning to Federal Agencies

In this episode of Unwritten Law, NCLA Senior Litigation Counsel John Vecchione is joined by Staff Counsel Christian Clase to discuss a remarkable concurrence by Justice

Jul 2
14 min

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