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

Can Agency Guidance Add Time to Your Prison Sentence?

Can government officials effectively increase someone's prison sentence through guidance that never went through the same approval process as the law itself? That's the

Oct 29
26 min

Federal Agency Bans Lobbyist Who Challenged Its Chairman

A longtime Washington lobbyist raises concerns with a federal agency, takes those concerns to the White House, and nearly a year later finds himself banned from the agenc

Oct 27
18 min

Federal Judges Cannot Shield U.S. Attorneys from Presidential Removal

Can the president fire a federal prosecutor appointed by judges? That's the constitutional question at the center of Trump v. Rogoff, a dispute now before the U.S. Court

Oct 19
21 min

Can the SEC Block Your Right to a Jury Trial?

Can the government deny you a jury trial—and then refuse to let you challenge that denial in federal court? NCLA is asking the Supreme Court to hear Smith v. SEC, a case

Oct 16
24 min

Jack Smith, Secret Subpoenas, and Senator Blackburn's Phone Records

What happens when a federal investigator secretly obtains a U.S. senator's phone records—and prevents her from challenging the search? NCLA has filed a lawsuit on behalf

Oct 14
16 min

Judge Newman's Fight Takes a Major Turn After 3 Years

After more than three years, Judge Pauline Newman's judicial conduct and disability proceeding has been transferred out of the Federal Circuit. It's a significant and un

Oct 13
8 min

CPSC Called a Baby Product Unsafe. Where Was the Evidence?

What happens when a federal agency publicly declares a product unsafe—but can't adequately explain the evidence behind that declaration? NCLA has secured an important ru

Oct 6
24 min

A New Supreme Court Ruling Could Spell Trouble for the SEC’s CAT

The SEC's Consolidated Audit Trail collects information on virtually every stock-market transaction in the United States, creating an enormous database that regulators ca

Sep 30
29 min

A Win for the Right to Self-Defense at a Maryland Synagogue

NCLA has won an important preliminary victory for members of the Silver Spring Jewish Center who want to protect their congregation. In this episode of Unwritten Law, NC

Sep 29
21 min

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