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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:
    Who’s Holding the Autopen? Pardons, Accountability, and the Unwritten Law Jul 31, 2025
    Show notes

    In this episode of Unwritten Law, Mark Chenoweth and John Vecchione dissect an overlooked constitutional controversy: presidential pardons signed by an autopen. Inspired by a recent op-ed from NCLA’s founder Philip Hamburger, they question what happens when bureaucrats—or interns—wield the power of the pen. Can the president legally delegate the pardon power? Did anyone actually authorize the latest batch of pardons? And what does the Constitution say about it?

    Mark and John explore how the Biden administration’s vague processes, lack of transparency, and use of mechanical signature tools risk undermining the original meaning of Article II’s pardon clause. With real consequences for justice, separation of powers, and presidential accountability, this episode shows how even the quietest violations of written law can threaten the foundations of liberty.

    Key topics: Presidential pardons, constitutional nondelegation, separation of powers, Biden administration, Article II, accountability, Philip Hamburger, and administrative state.


    Trump v. Boyle: Executive Power, Agency Chaos, and the Future of Humphrey’s Executor Jul 29, 2025
    Show notes

    In this episode of Unwritten Law, Mark and John dive into the Supreme Court’s emergency order in Trump v. Boyle, a little-noticed but potentially seismic moment in administrative law.

    What happens when the President fires commissioners from an “independent” agency—and lower courts try to put them back in power? The hosts unpack the chaos at the Consumer Product Safety Commission, the unresolved fate of Humphrey’s Executor, and the broader implications for executive authority, judicial remedies, and agency structure. From district court blunders to Justice Kagan’s warning and Justice Kavanaugh’s push for fast-track review, this episode explores how the Court is reshaping the balance of power in Washington—one emergency docket at a time.

    Stay tuned to learn why remedies matter, why norms are collapsing, and how bureaucrats refusing to step down might provoke the very precedent that ends their independence.


    Jury Trials vs. Administrative Power—Did the Third Circuit Misread Jarkesy? Jul 24, 2025
    Show notes

    In this episode of Unwritten Law, NCLA’s Mark Chenoweth and John Vecchione break down the recent Third Circuit decision in Axalta Coating Systems v. Federal Aviation Administration.

    The case tests how lower courts apply the Supreme Court’s landmark Jarkesy ruling, which emphasized the importance of jury trials and Article III courts for administrative adjudications.

    Mark and John explore why the panel sided with agency adjudication despite the Supreme Court’s warnings, discuss Judge Bibas’s powerful concurrence highlighting ongoing constitutional concerns, and analyze the troubling reliance on the expansive "public rights" doctrine. Will this decision prompt the Supreme Court to finally clarify—and potentially curb—the administrative state's adjudicative power?

    Key topics: Jarkesy v. SEC, administrative adjudication, jury trial rights, Article III courts, public rights doctrine, nondelegation doctrine, Axalta v. FAA, and separation of powers.


    Criminalizing Insider Trading—Did Courts Just Give the SEC Unlimited Power? Jul 22, 2025
    Show notes

    In this episode of Unwritten Law, NCLA’s Mark Chenoweth, John Vecchione, and Kara Rollins analyze the troubling decision in U.S. v. Sacanell, an insider-trading case that tests the Supreme Court’s landmark decision overturning Chevron deference.

    They explore how the SEC created expansive insider-trading rules without explicit congressional authorization—rules that are now putting defendants at risk of criminal penalties. The team examines the district court’s reliance on prior Chevron-era precedent, debates the shaky application of statutory stare decisis in criminal contexts, and discusses why the rule of lenity and due process concerns might ultimately force appellate courts to rethink how administrative crimes are prosecuted post-Loper Bright.

    Key topics: Insider trading laws, administrative crimes, Chevron deference, statutory stare decisis, rule of lenity, Securities and Exchange Commission, Loper Bright case implications, and judicial accountability.


    Relentless Post-Chevron—Is the Administrative State Still Winning? Jul 17, 2025
    Show notes

    In this episode of Unwritten Law, NCLA’s Mark Chenoweth, John Vecchione, and Kara Rollins are joined by Professor Eric Bolinder (Liberty University), former counsel in the landmark Loper Bright case.

    They analyze the disappointing outcome in the closely watched Relentless case, where fishermen still face mandatory fees for onboard government observers—even after Chevron deference was overturned.

    Professor Bolinder explains why the court’s decision ignored critical textual arguments, conflated statutory interpretation with deferential review, and risked perpetuating the very administrative power the Supreme Court sought to curb. The group also discusses new settlement negotiations in the related Loper Bright litigation and its implications for future administrative law battles.

    Key topics: Administrative state, Chevron deference, statutory interpretation, APA review standards, fishing regulations, and Supreme Court oversight of agency power.


    Kennedy v. Braidwood—Did the Supreme Court Just Expand Unelected Agency Power? Jul 15, 2025
    Show notes

    In this episode of Unwritten Law, guest host Andy Morris, NCLA Senior Litigation Counsel, is joined by constitutional law expert Josh Blackman to unpack the Supreme Court’s recent ruling in Kennedy v. Braidwood Management.

    The case challenged the appointments process of the HHS’s U.S. Preventive Services Task Force—a panel deciding which preventive healthcare services insurers must provide without cost. Josh explains why the ruling, which upheld these appointments, raises critical concerns about political accountability and constitutional limits on agency power.

    Together they explore implications for the Appointments Clause, agency independence, and the broader separation-of-powers battle playing out at the Supreme Court.

    Key topics: Appointments Clause, administrative law, Obamacare, independent agencies, and separation of powers.


    FCC vs. Consumers' Research—Did the Supreme Court Just Greenlight Unlimited Agency Fees? Jul 10, 2025
    Show notes

    In this episode of Unwritten Law, NCLA's John Vecchione and Zhonette Brown break down the recent Supreme Court decision in FCC v. Consumers' Research, a crucial non-delegation doctrine case.

    Zhonette explains the controversial ruling that allows the Federal Communications Commission (FCC) to set fees—arguably taxes—without explicit congressional limits. They discuss the implications of the Court’s continued adherence to the "intelligible principle" test, the unresolved confusion between fees and taxes, and the concerning delegation of rate-setting power to private entities. John and Zhonette explore why this ruling may have broader implications for administrative power, taxation, and congressional accountability.

    Key topics: Non-delegation doctrine, intelligible principle test, fee vs. tax debate, FCC authority, and recent Supreme Court rulings on administrative overstep.


    Chaos at CPSC—Trump, Humphrey’s Executor, and the Future of Independent Agencies Jul 08, 2025
    Show notes

    In this compelling episode of Unwritten Law, NCLA’s John Vecchione is joined by litigation counsel Kara Rollins to discuss the unprecedented turmoil at the Consumer Product Safety Commission (CPSC). Following President Trump’s firing of three Democratic commissioners, a dramatic court battle erupted, spotlighting the controversial Humphrey’s Executor precedent and sparking an existential debate about the independence and accountability of federal agencies. Kara and John delve into the explosive details of the Dreamland Baby v. CPSC case, the reinstatement controversy, and why this litigation may force the Supreme Court to clarify—or overturn—the longstanding limits on presidential removal power.

    Key topics: Humphrey’s Executor, independent agencies, unitary executive, CPSC litigation, separation of powers, and recent administrative-law upheavals.


    FBI Wrong-House Raid—Supreme Court Checks Federal Immunity in Martin v. United States Jul 01, 2025
    Show notes

    In this episode of Unwritten Law, NCLA’s Mark Chenoweth and John Vecchione are joined by litigation counsel Casey Norman to discuss the Supreme Court ruling in Martin v. United States. The case arose from a terrifying FBI wrong-house raid that left an innocent family traumatized and with few options for redress. Casey explains how the Court clarified the scope of the Federal Tort Claims Act (FTCA), rejecting the Eleventh Circuit’s expansive interpretation of federal immunity. They discuss how this decision strengthens property rights, limits governmental power, and restores accountability when federal agents violate citizens' liberties.

    Key topics include the discretionary-function exception, the intentional-tort proviso, qualified immunity, and the critical role the FTCA plays in checking executive branch abuses.


    One Year After Chevron—How Loper Bright & Relentless Changed Administrative Law Jun 27, 2025
    Show notes

    In this special anniversary episode of Unwritten Law, NCLA’s Mark Chenoweth and John Vecchione discuss the landmark Supreme Court ruling in Loper Bright & Relentless v. Department of Commerce, marking one year since Chevron deference was overturned. They examine how this pivotal decision reshaped judicial review, empowered textualism, and curbed administrative excess across multiple cases, from net neutrality to FDA overreach. John highlights the ongoing impacts of the ruling, including Congress’s legislative responses and recent decisions limiting executive power, while exploring whether the administrative state has truly been restrained—or if more work remains.

    Topics include: Chevron deference, administrative law reform, judicial independence, regulatory accountability, and the latest developments in major administrative law cases.


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