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    Government

    Unwritten Law

    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.

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    Copyright: © Copyright 2026 Mark Chenoweth & John Vecchione

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    Latest Episodes:
    You’re Fired: Presidential Removal Power on Trial Sep 09, 2025
    Show notes

    The D.C. Circuit’s Slaughter v. Trump decision spotlights a constitutional clash: Can the president remove FTC commissioners, Federal Reserve governors, and other “independent” officers at will? Mark Chenoweth and John Vecchione unpack Judge Naomi Rao’s forceful dissent, the future of Humphrey’s Executor v. United States, and why the Supreme Court may soon have to decide the limits of presidential removal power.


    Federal Circuit Pushes Back on Presidential Power Sep 05, 2025
    Show notes

    A recent Federal Circuit ruling has thrown the administration’s sweeping tariff program into doubt, raising major questions about presidential emergency powers, trade policy, and the limits of executive authority. John Vecchione and Mark Chenoweth break down the case, the court’s split opinion, and what’s next as the fight heads to the Supreme Court.


    NIH v. American Public Health Association—Can a President Cancel $800M in Grants? Sep 02, 2025
    Show notes

    In this episode of Unwritten Law, hosts Mark Chenoweth and John Vecchione unpack the Supreme Court’s split, middle-of-August orders in NIH v. American Public Health Association: five justices allowed the administration to cancel roughly $800 million in NIH research grants, while a different five blocked forward-looking guidance. They break down the dueling lineups, Gorsuch and Kavanaugh’s warning to lower courts to follow controlling precedent, and why the proper remedy for canceled grants may lie in the Court of Federal Claims rather than the APA. The conversation hits standing, separation of powers, and what this signals for future fast-track fights over federal spending and executive authority.


    Who Can Appoint a U.S. Attorney? Vacancies Act, Appointments Clause, and the New Jersey Ruling Aug 29, 2025
    Show notes

    In this episode of Unwritten Law, hosts Mark Chenoweth and John Vecchione unpack a 77-page district-court opinion from New Jersey that halted prosecutions because the U.S. Attorney was improperly installed under the Federal Vacancies Reform Act.

    They walk through the 120-day interim limit, the “PAS officer” and 90-day service requirements, and the debate over whether a U.S. Attorney is a principal or inferior officer under the Appointments Clause—including the thorny question of courts appointing executive officials.

    The discussion covers why the indictments weren’t tossed, what an appeal to the Third Circuit could look like, how Senate confirmation gridlock fuels these fights, and the broader stakes for separation of powers, prosecutorial accountability, and constitutional governance.


    Rule 28(j) or Political Theater? DOJ’s Tariff Letter in V.O.S. Selections, Inc. v. Trump Aug 26, 2025
    Show notes

    In this episode of Unwritten Law, hosts Mark Chenoweth and John Vecchione dissect DOJ’s unusual Rule 28(j) filing in the Federal Circuit tariff appeal, V.O.S. Selections, Inc. v. Trump. They explain what 28(j) is actually for (post-argument new legal authority), why citing news reports and seeking a broad stay misses the mark, and how using IEEPA as a tariff statute raises serious constitutional concerns. The discussion walks through stay standards (likelihood of success, irreparable harm, public interest), the administration’s “agreement” claims, and the practical stakes for importers, small businesses, and constitutional trade authority.


    NY State Supreme Court Scraps Illegal Fine Against Trump Aug 22, 2025
    Show notes

    In this episode of Unwritten Law, hosts Mark Chenoweth and John Vecchione sit down with NCLA's Greg Dolin to unpack the New York Appellate Division’s 323-page ruling in the civil fraud case against Donald Trump. They break down why calling a half-billion-dollar penalty “disgorgement” doesn’t fly without ill-gotten gains, how the Eighth Amendment’s Excessive Fines Clause comes into play, and why the Attorney General’s theory stretches New York fraud beyond traditional reliance and harm.

    The discussion also covers the opinion’s treatment of attorney sanctions, what could happen on further appeal, and what this all means for due process, economic liberty, and doing business in New York—especially under the capacious terms of New York Executive Law § 63(12).


    Stewart v. Walz: When a Professor’s Speech Becomes Grounds for Termination Aug 14, 2025
    Show notes

    In this episode of Unwritten Law, hosts Mark Chenoweth and John Vecchione sit down with NCLA Litigation Counsel Jenin Younes to unpack her recent oral argument in Stewart v. Walz.

    The case challenges a Minnesota college’s decision to fire a professor who refused to comply with COVID-19 mandates—and openly explained his objections to students.

    The conversation explores how pandemic-era policies collided with the First Amendment, why the district court dismissed the case, and what the outcome could mean for academic freedom, free speech, and constitutional governance nationwide.


    Nondelegation on Ice: EPA’s Refrigerant Rule and the DC Circuit’s Constitutional Workaround Aug 12, 2025
    Show notes

    In this episode of Unwritten Law, NCLA’s General Counsel Zhonette Brown joins Mark Chenoweth and John Vecchione to unpack the DC Circuit’s ruling in Choice Refrigerants v. EPA.

    Congress gave EPA free rein to design a cap-and-trade scheme for hydrofluorocarbons—without clear limits. The court sidestepped the constitutional nondelegation problem by reinterpreting the statute to match past laws, even though EPA didn’t follow that approach.

    We explore why this “constitutional avoidance” tactic raises serious rule-of-law concerns, and what it means in the post-Loper Bright world.


    CAT’s Out of Cash: SEC’s Surveillance Scheme Suffers a Legal Blow Aug 07, 2025
    Show notes

    In this episode of Unwritten Law, Mark Chenoweth and John Vecchione unpack a major federal court ruling that struck down the SEC’s funding mechanism for its mass surveillance program—known as the Consolidated Audit Trail (CAT).

    The 11th Circuit agreed with the American Securities Association and Citadel that the SEC's attempt to impose multi-billion-dollar fees on broker-dealers was arbitrary, capricious, and totally untethered from Congressional authorization.

    Mark and John break down how this massive Fourth Amendment–invading program was never passed by Congress, never properly funded, and yet was still collecting every American investor’s stock transaction.

    They also discuss NCLA’s companion case, Davidson v. SEC, which challenges the CAT’s very existence—and what this win means for reining in agency power, restoring constitutional order, and stopping self-funded surveillance regimes.

    Keywords: SEC surveillance, Consolidated Audit Trail, CAT, Davidson v. SEC, Fourth Amendment, administrative state, unlawful taxation, 11th Circuit opinion, American Securities Association, Citadel, pro-liberty legal podcast


    Tariffs on Trial—Inside the Federal Circuit’s Showdown Over Presidential Trade Power Aug 05, 2025
    Show notes

    In this episode of Unwritten Law, Mark Chenoweth and John Vecchione break down the high-stakes en banc oral argument in V.O.S. Selections, Inc. v. Trump, a pivotal challenge to presidential tariff authority under the International Emergency Economic Powers Act (IEEPA). John attended the packed Federal Circuit courtroom and brings listeners an insider account of the arguments, judicial skepticism, and the government’s struggle to defend sweeping tariff powers.

    The discussion dives into the legacy of the Yoshida case, the limits of executive power in trade policy, and why post-Loper Bright courts may be less willing to rubber-stamp administrative justifications. With tariffs affecting businesses and consumers nationwide, this episode explores how the decision could redefine the balance of power between Congress and the President in trade law.

    Key topics: Presidential trade authority, IEEPA, tariffs, V.O.S. Selections, Inc. v. Trump, Yoshida precedent, executive power limits, Federal Circuit oral arguments, and post-Loper Bright administrative law.


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