Unwritten Law

*/ ?>

Latest Episodes:

Trump’s Tariffs, Emergency Powers, and the Lawsuit No One Else Filed Apr 10, 2025

Is it legal for a president to impose tariffs under emergency powers? In this episode of Unwritten Law, Mark Chenoweth and John Vecchione break down NCLA’s latest lawsuit—Simplified v. Trump—challenging new tariffs imposed without congressional approval.

Filed on behalf of small business owner Emily Ley, this is the first and only case taking on President Trump’s use of the International Emergency Economic Powers Act (IEEPA) to impose sweeping tariffs on goods from China. The statute lets presidents freeze assets or embargo items during a real emergency—but it doesn’t allow tariffs. And it certainly doesn’t authorize the executive branch to sidestep Congress’s clear rules on trade.

John explains why this case isn’t just about tariffs—it’s about constitutional limits on executive power, strategic legal choices, and the consequences of letting presidents unilaterally tax Americans under the guise of emergencies.

Monarch Madness—Inside NCLA’s 2025 King George III Prize Apr 03, 2025

In this special episode of Unwritten Law, NCLA President Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by NCLA’s Director of Engagement, Karen Harned, for a behind-the-scenes look at the 2025 King George III Prize. They reveal the “Egregious Eight” still in the running for the prize no one wants to win—awarded annually to the worst violator of Americans’ civil liberties in the administrative state. From Richard Cordray’s student loan fiascos to Jennifer Easterly’s censorship collusion, the matchups are fierce, the stakes are high, and the voter engagement is at an all-time record. Tune in to hear this year’s standout contenders, upsets, and predictions for the Flagrant Four.

Injunctions Everywhere—How Courts Are Handling Executive Orders Apr 01, 2025

In this episode of Unwritten Law, NCLA President Mark Chenoweth sits down with Margot Cleveland, Of Counsel at NCLA and Senior Legal Correspondent for The Federalist, to unpack the wave of injunctions stemming from legal challenges to President Trump’s executive orders. Why are federal judges suddenly handing out preliminary injunctions in cases where similar claims struggled to gain traction during prior administrations? From questionable reinstatement orders to shifting standing rules, Mark and Margot explore how courts are approaching separation-of-powers issues—and why these developments matter for constitutional governance.

Taxation Without Legislation? The FCC’s $10 Billion Question Mar 27, 2025

Can a federal agency raise billions in fees without Congress ever approving the tax? In this episode of Unwritten Law, host Mark Chenoweth is joined by NCLA’s General Counsel Zhonette Brown to unpack Consumers’ Research v. FCC, a Supreme Court case challenging the constitutionality of the FCC’s Universal Service Fund.

What began as a program to help rural and low-income Americans access phone service has morphed into a $10 billion-a-year operation—largely run by a private entity (USAC) the FCC created without congressional authorization. Zhonette breaks down the Fifth Circuit’s ruling, the thorny issues of nondelegation and “taxation by bureaucracy,” and how this case could reshape how much power agencies have to raise and spend money.

Injunctions, Mootness, and the Legal Tricks That Shut Down Civil Liberties Lawsuits Mar 25, 2025

Can you really “win” a lawsuit if the court never rules on your case? In this episode of Unwritten Law, Mark Chenoweth and John Vecchione break down two recent developments that make it even harder to hold the government accountable in court.

First, they tackle the Supreme Court’s decision in Lackey v. Stinnie, which denied attorney’s fees to plaintiffs who clearly forced a change in state policy—simply because the government mooted the case before final judgment. Then, they unpack President Trump’s new executive order instructing agencies to demand financial bonds from plaintiffs seeking injunctions—adding serious risk to suing the federal government, even in civil liberties cases.

Who Watches the Watchdogs? The Unchecked Power of CIGIE Mar 20, 2025

In this episode of Unwritten Law, hosts Mark Chenoweth and John Vecchione unpack John’s recent Wall Street Journal op-ed calling for the abolition of CIGIE—the Council of the Inspectors General on Integrity and Efficiency.

This obscure-sounding bureaucracy wields outsized power, launching secretive investigations that can derail careers with zero presidential oversight or Senate confirmation. The kicker? Even the President can’t rein them in. Mark and John explain why CIGIE violates the Constitution’s separation of powers and how this self-perpetuating entity operates outside meaningful checks and balances.

Can the President Fire Who He Wants? The Fight Over Executive Power Mar 18, 2025

Who really controls the executive branch? In this episode of Unwritten Law, hosts Mark Chenoweth and John Vecchione break down a high-stakes legal battle over presidential power—Trump’s firing of Hampton Dellinger as head of the Office of Special Counsel.

The case sparked a fierce debate over whether the president can remove executive officials at will or if statutory “for-cause” protections limit his authority. The team unpacks Judge Amy Berman Jackson’s controversial injunction, the D.C. Circuit’s swift reversal, and why Supreme Court precedent—Seila Law and Collins—made this a clear win for Trump.

Vaccine Mandates, the Ninth Circuit, and the Battle Over Bodily Autonomy Mar 13, 2025

Are vaccine mandates constitutional? In this episode of Unwritten Law, hosts Mark Chenoweth and John Vecchione sit down with NCLA’s Jenin Younes to discuss Health Freedom Defense Fund v. Carvalho, a critical case before the Ninth Circuit challenging Los Angeles Unified School District’s COVID-19 vaccine mandate.

The lawsuit questions whether government agencies can force employees to take a non-sterilizing vaccine—one that does not stop transmission—under the long-misinterpreted Jacobson v. Massachusetts precedent. The team unpacks why Jacobson doesn’t justify rubber-stamping mandates, how courts have misapplied it for decades, and what this case could mean for future public health policies.

Crypto, the IRS, and the Fight for Financial Privacy Mar 11, 2025

Does the IRS have the right to seize your financial records—without a warrant, without suspicion, and without you even knowing? In this episode of Unwritten Law, hosts Mark Chenoweth and John Vecchione sit down with NCLA’s Sheng Li to discuss Harper v. IRS, a Supreme Court petition challenging the government’s warrantless search of cryptocurrency users’ financial records.

Sheng explains how the IRS demanded Coinbase hand over customer data—without any evidence of wrongdoing—and why the case could reshape the Fourth Amendment’s “third-party doctrine.” The team also covers a major legal victory in the fight against Biden’s illegal student loan forgiveness plan and the chaos it has created for borrowers.

From Cliffs to Courtrooms: Base Jumpers Take on the Administrative State Mar 06, 2025

Is it a crime to jump off a cliff in a national park? The National Park Service seems to think so. In this episode of Unwritten Law, hosts Mark Chenoweth and John Vecchione sit down with NCLA’s Casey Norman to discuss NCLA’s 100th case—a legal challenge to the Park Service’s unconstitutional ban on base jumping.

The lawsuit exposes a bigger issue: how unelected bureaucrats create criminal laws without congressional approval. From vague regulations to arbitrary enforcement, this case isn’t just about adventure sports—it’s about stopping executive agencies from making up the rules as they go.

The Sixth Amendment Showdown: Who Deserves a Jury Trial? Mar 04, 2025

Should the government be able to deny you a jury trial for a criminal charge? Unwritten Law hosts Mark Chenoweth and John Vecchione sit down with NCLA’s Jenin Younes to discuss Lesh v. United States, a case that could force the Supreme Court to reconsider its long-standing “petty offense” exception to the Sixth Amendment’s jury trial guarantee.

Jenin breaks down how a skier and Instagram influencer ended up facing federal charges—and why two Tenth Circuit judges think the Supreme Court needs to revisit its precedent.

The team also dives into the latest case challenging government surveillance of fishermen in Washington State.

Chevron’s Demise and the Future of Administrative Power Feb 27, 2025

Welcome to the inaugural episode of Unwritten Law, the New Civil Liberties Alliance’s podcast exposing unlawful administrative power. Hosts Mark Chenoweth and John Vecchione kick off the series by breaking down the Supreme Court’s landmark Loper Bright and Relentless rulings, which dismantled Chevron deference.

What happens next in the fight against bureaucratic overreach? How will courts interpret statutes now that agencies can’t dictate the meaning? Mark and John unpack the latest legal developments, preview key cases ahead, and explain why unwritten laws affect every American.

Our TOPPODCAST Picks

Follow Us

Stay Connected

Related Podcasts

Links

Stay Connected