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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:
    State Department Censorship—Daily Wire, Disinfo Files, and the Fight for Free Speech May 06, 2025
    Show notes

    In this episode of Unwritten Law, NCLA’s Mark Chenoweth and John Vecchione are joined by attorney Margot Cleveland to expose the State Department’s role in funding and promoting censorship technologies. They discuss NCLA’s case The Daily Wire v. State Department, including how federal dollars helped target and suppress domestic speech through outfits like NewsGuard and the now-defunct Global Engagement Center. The conversation unpacks bombshell revelations from Senator Marco Rubio—who disclosed that the State Department kept files labeling Americans as “vectors of disinformation.” Margot also explains how so-called “media literacy” grants are being misused to discredit U.S. voices and why a consent decree is needed to ensure bureaucrats don’t reboot this censorship agenda under a new name.


    Who Judges the Judges? NCLA Defends Judge Pauline Newman May 02, 2025
    Show notes

    In this episode of Unwritten Law, NCLA President Mark Chenoweth and Senior Litigation Counsel John Vecchione sit down with NCLA’s Greg Dolin to unpack his recent oral argument before the D.C. Circuit Court of Appeals in Newman v. Moore. At 97 years old, Judge Newman has been sidelined from the bench for over two years without impeachment or medical incapacity. NCLA argues that her removal from judicial duties violates both constitutional protections and due process. The conversation covers the limits of judicial discipline, the dangers of letting judges act as both witnesses and adjudicators, and why this case could reshape the boundaries of Article III power.


    COVID-19 Mandates and Constitutional Limits—The Stewart v. Walz Case Apr 29, 2025
    Show notes

    In this episode of Unwritten Law, NCLA President Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by NCLA attorney Jenin Younes to discuss her latest case challenging Minnesota’s COVID-era vaccine mandate. The case, Stewart v. Walz, centers on a public college professor who was fired for refusing the vaccine and later punished for emailing his students about it. Jenin explains how the case challenges the misuse of emergency power, the misreading of the 1905 Jacobson precedent, and the violation of First Amendment rights. With courts beginning to reevaluate the legality of pandemic-era mandates, NCLA is giving the judiciary a new opportunity to get it right.


    Declared Emergency, Hidden Tax: The Case Against Trump’s Tariffs Apr 24, 2025
    Show notes

    In this episode of Unwritten Law, NCLA President Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by attorney Andy Morris to discuss NCLA’s latest lawsuit: Simplified v. Trump. The case challenges tariffs on China imposed under a dubious “national emergency” declaration.

    Can a president sidestep Congress and unilaterally raise tariffs? Andy explains why these tariffs are more than economic policy—they’re a constitutional violation of Congress’s exclusive power over taxation.

    Tune in to hear how NCLA is fighting for small business owners, why jurisdiction matters, and what makes this case one of the most important challenges to executive overreach this year.


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

    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
    Show notes

    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
    Show notes

    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
    Show notes

    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
    Show notes

    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
    Show notes

    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.


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