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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:
    Coinbase, IRS, and Your Privacy—Will the Supreme Court End the Third-Party Doctrine? Jun 26, 2025
    Show notes

    In this episode of Unwritten Law, NCLA’s Mark Chenoweth and John Vecchione discuss the latest developments in Harper v. IRS, a privacy case currently pending at the U.S. Supreme Court. At stake is the controversial “third-party doctrine,” a 1970s-era legal theory allowing agencies like the IRS to access your private financial data without a warrant, simply because it’s held by third parties—like Coinbase. John breaks down the troubling implications, explains why the doctrine no longer fits the digital age, and outlines NCLA’s arguments as they await a critical decision from the Justices. This case could redefine your right to privacy in a world where nearly all personal information is shared with third parties.


    Fax Machines, 60-Day Rules, and Why Administrative Deadlines Just Changed Jun 24, 2025
    Show notes

    In this episode of Unwritten Law, NCLA’s Mark Chenoweth sits down with Senior Litigation Counsel Peggy Little to unpack the Supreme Court’s decision in McLaughlin Chiropractic Associates v. McKesson Corporation. Though the case began as a dispute over unwanted fax messages, the Court’s ruling has major implications for administrative law—particularly by striking down the restrictive "60-day rule" that previously blocked challenges to agency rules after an arbitrary, short deadline. Peggy explains why this decision restores meaningful judicial review, how it affects NCLA’s ongoing battles against administrative overstep, and why agencies can no longer avoid scrutiny simply by waiting out the clock.


    Silencing Scholarship—How Institutional Review Boards Chill Free Speech Jun 19, 2025
    Show notes

    In this episode of Unwritten Law, NCLA’s Mark Chenoweth and John Vecchione are joined by NCLA’s Margot Cleveland to discuss a groundbreaking lawsuit against the University of Tennessee’s Institutional Review Board (IRB).

    The case centers on Idil Issak, a cultural anthropology PhD student barred from conducting dissertation research on domestic worker abuse in the UAE—research purely involving interviews and speech.

    Margot explains how IRBs, created to prevent unethical medical experiments, have morphed into unconstitutional gatekeepers for academic speech. They dive into why this case matters beyond Tennessee, highlighting the chilling effects these boards have nationwide on scholars who dare to investigate sensitive topics without official approval.


    When Courts Say No—Alpine Securities, FINRA, and the Power of Private Regulators Jun 17, 2025
    Show notes

    In this episode of Unwritten Law, NCLA’s Mark Chenoweth and John Vecchione are joined by NCLA Senior Litigation Counsel Russ Ryan to discuss the Supreme Court’s surprising refusal to review Alpine Securities v. FINRA, a critical case challenging FINRA’s extensive, privately delegated enforcement powers. Russ breaks down why the decision matters, how FINRA’s unusual enforcement process undermines due process, and why the Supreme Court’s denial of certiorari leaves unresolved crucial constitutional questions about private entities exercising governmental authority.

    The conversation also covers NCLA’s ongoing efforts to rein in similar private regulators and celebrates a recent victory in the First Circuit involving Father Lemelson and the Equal Access to Justice Act.


    Unanimous and Surprising—Supreme Court Cases You Didn't Expect Jun 12, 2025
    Show notes

    In this episode of Unwritten Law, NCLA’s Mark Chenoweth and John Vecchione analyze a remarkable set of unanimous Supreme Court rulings—authored by Justices Jackson, Kagan, and Sotomayor—in cases involving discrimination standards, gun manufacturer liability, and religious freedom. John explains why these once-controversial topics produced unanimous decisions and what this reveals about the lasting impact of the textualist-originalist judicial movement. Mark and John discuss the broader implications for lower courts and future litigation, the strategic timing of these rulings, and why these decisions signal a shift in the court’s interpretive approach.


    Tariffs vs. Small Business—Simplified’s Battle Against Executive Power-Grab May 30, 2025
    Show notes

    In this special episode of Unwritten Law, NCLA's Mark Chenoweth and John Vecchione are joined by Andy Morris, NCLA Senior Litigation Counsel, and Emily Ley, founder and CEO of Simplified—the small business challenging the Biden administration’s sudden and shifting tariff policies.

    Emily shares how abrupt, emergency-based tariffs imposed under the International Emergency Economic Powers Act (IEEPA) have harmed her business, creating massive uncertainty and escalating costs overnight.

    Andy explains why NCLA argues these tariffs are unlawful—exceeding executive power and bypassing Congress’s established trade laws. Together, they explore the real-world impact on American entrepreneurs, the dubious national-security justifications provided by the government, and what's next as the fight moves forward in court.


    Fired Up—Can the President Slash the Federal Workforce? May 27, 2025
    Show notes

    In this episode of Unwritten Law, NCLA’s Mark Chenoweth and John Vecchione dive into a dramatic legal battle over the president's power to reduce the federal workforce. A federal district judge recently blocked President Trump’s sweeping Reduction in Force (RIF), claiming it undermines Congress’s intent for certain agencies to function properly. Solicitor General John Sauer has appealed to the Supreme Court to overturn this ruling. Mark and John explore the constitutional tensions, justiciability questions, and historical precedents involved, highlighting how this case could reshape executive authority, civil service protections, and separation-of-powers dynamics.


    The Waiver Wars—Congress, California, and the Fight Over Emissions Rules May 22, 2025
    Show notes

    In this episode of Unwritten Law, NCLA’s Mark Chenoweth and John Vecchione explore a major development in Congress involving the Congressional Review Act (CRA).

    The Senate is preparing to vote on whether to overturn California’s EPA waiver, which allows the state to impose stricter vehicle emissions standards than the federal government. Mark and John break down why this obscure but powerful legislative tool matters, how California’s rules affect carmakers and consumers nationwide, and why this CRA vote could set up a legal showdown with sweeping consequences.

    They also discuss how a little-known clause banning “substantially similar” regulations could haunt future agency actions—and why this case might finally test that theory in court.


    Can One Judge Halt a Law? Inside the Supreme Court Fight Over Nationwide Injunctions May 15, 2025
    Show notes

    In this episode of Unwritten Law, NCLA’s Mark Chenoweth and John Vecchione unpack the recent Supreme Court oral argument in a high-stakes case involving nationwide injunctions—and a controversial executive order on birthright citizenship.

    John reports from inside the courtroom, where justices wrestled with the limits of judicial power, class actions, and whether a single district court can block federal policies across all 50 states.

    The conversation explores historical precedent, state standing, class certification workarounds, and why the Court may be looking for a narrow path forward. With sharp analysis, this episode reveals how one obscure procedural tool could reshape constitutional litigation.


    This Isn’t a Trade Court Case—It’s a Constitutional One May 13, 2025
    Show notes

    In this episode of Unwritten Law, NCLA’s John Vecchione and attorney Andy Morris break down the latest developments in Simplified v. United States, NCLA’s lawsuit challenging the tariffs imposed under the International Emergency Economic Powers Act (IEEPA).

    Andy explains why these so-called “Liberation Day” tariffs are constitutionally suspect, how the government is trying to shift the case to a specialized trade court, and why that move would avoid the core legal question: Can the president sidestep Congress and unilaterally tax imports using emergency powers?

    The episode also introduces four new small business plaintiffs, examines the devastating impact of tariff uncertainty, and calls out the myth that foreign countries—not American importers—are footing the bill.


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