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PODCAST

Unwritten Law

New Civil Liberties Alliance

Unwritten Law is a podcast hosted by Mark Chenoweth and John Vecchione, brought to you by the New Civil Liberties Alliance (NCLA). This show dives deep into the world of unlawful administrative power, exposing how bureaucrats operate outside the bounds of written law through informal guidance, regulatory “dark matter,” and unconstitutional agency overreach.

government politics

All Episodes

17:14

The Supreme Court at 250: Chief Justice Roberts,...

Unwritten Law ·

2026/01/09

As the nation approaches the 250th anniversary of the Declaration of Independence, the Chief Justice of the United States reflects on America’s founding principles in his annual Year-End Report on the Federal Judiciary. But what does that report really say about the state of the Supreme Court today?In this episode of Unwritten Law, NCLA President Mark Chenoweth and Senior Litigation Counsel John Vecchione unpack Chief Justice Roberts’s historical reflections, his views on the Declaration of

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23:18

Government by the Unelected: How the Administrative...

Unwritten Law ·

2026/01/06

In this episode of Unwritten Law, Mark Chenoweth and John Vecchione dig into a major new essay by R.J.Pestritto, Senior Fellow at the Claremont Institute, titled “Government by the Unelected: How It Happened and How It Might Be Tamed.”https://dc.claremont.org/government-by-the-unelected-how-it-happened-and-how-it-might-be-tamed/The discussion traces the intellectual and legal origins of the modern administrative state — from Progressive-era theory and Woodrow Wilson, through the New Deal, the rise

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19:04

Why The Little Sisters Are Still Fighting the ACA...

Unwritten Law ·

2025/12/22

Why are the Little Sisters of the Poor still being dragged into court over the Affordable Care Act’s contraception mandate—years after the Supreme Court ruled in their favor?On this episode of Unwritten Law, Mark Chenoweth and John Vecchione are joined by NCLA Senior Litigation Counsel Andy Morris to discuss a newly filed amicus brief at the U.S. Court of Appeals for the Third Circuit in Pennsylvania & New Jersey v. Trump. The case challenges religious exemptions that protect the Little Sisters,

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14:17

Mass Surveillance by License Plate: The City of Marco...

Unwritten Law ·

2025/12/19

In this episode of Unwritten Law, Mark Chenoweth and John Vecchione are joined by Andreia Trifoi to discuss NCLA’s constitutional challenge to the City of Marco Island’s use of automatic license plate readers (ALPRs) — a surveillance system that records and stores the movements of every driver entering or leaving the island.Because Marco Island has only three bridges, residents are photographed and tracked multiple times a day, with their location data retained for years and potentially shared with

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21:11

Executive Power on Trial: Trump v. Slaughter, Part II

Unwritten Law ·

2025/12/15

In this follow-up episode of Unwritten Law, Mark Chenoweth and John Vecchione continue their deep dive into the Supreme Court’s oral argument in Trump v. Slaughter, focusing on key issues that received less attention in Part I — but may prove just as consequential.The conversation explores whether there is any meaningful constitutional distinction between criminal and civil enforcement, and why several justices appeared skeptical of claims that civil enforcement power is somehow “less executive.”

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27:48

Trump v. Slaughter: Is Humphrey’s Executor Finally Dead?

Unwritten Law ·

2025/12/12

Just days after oral argument, Unwritten Law hosts Mark Chenoweth and John Vecchione break down one of the most consequential separation-of-powers cases in decades: Trump v. Slaughter.At stake is Humphrey’s Executor, the 1935 Supreme Court decision that allowed Congress to insulate powerful federal regulators from presidential control. If overturned, the ruling could fundamentally reshape the modern administrative state.Mark and John walk through the justices’ questions, the strengths and weaknesses

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12:31

FERC’s Duty of Candor Rule: Dead on Arrival

Unwritten Law ·

2025/12/10

In this episode, Mark Chenoweth and John Vecchione sit down with NCLA Litigation Counsel Casey Norman to break down a major regulatory win: stopping FERC’s sweeping “Duty of Candor” rule before it ever hit the books. The proposed rule would have allowed the Federal Energy Regulatory Commission to punish any speaker — from corporations to ordinary citizens — for any statement, email, or phone call the agency deemed “false,” “misleading,” or missing “material information,” with no mens rea requirement

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18:47

BASE Jumping, Bureaucracy, and the Law

Unwritten Law ·

2025/12/09

In this episode, Casey Norman joins Mark Chenoweth and John Vecchione to unpack BASE Access, et al. v. National Park Service, a remarkable case about whether a federal agency can criminalize BASE jumping in national parks without any clear authorization from Congress. For nearly 50 years, the National Park Service has treated BASE jumping as a crime—even though the regulation they rely on was written in the 1950s to prevent cargo drops, not recreational jumping.Casey explains the nondelegation

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21:24

When SEC Receivers Go Too Far: Russ Ryan on Barton v....

Unwritten Law ·

2025/11/30

Senior Litigation Counsel Russ Ryan joins Mark Chenoweth and John Vecchione to break down Barton v. SEC, a newly filed cert petition that challenges the SEC’s practice of using court-appointed receivers to seize assets, run companies, and even sue third parties—all without clear statutory authority. Russ explains how these ad-hoc receiverships raise serious Appointments Clause, separation-of-powers, bankruptcy-evasion, and Sixth Amendment concerns, and why the Supreme Court should put a stop to this

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28:54

Trump v. Slaughter: The Supreme Court Case That Could...

Unwritten Law ·

2025/11/24

In this episode of Unwritten Law, Mark Chenoweth and John Vecchione welcome Margot Cleveland to unpack the Supreme Court case Trump v. Slaughter, a historic challenge to whether the President can remove commissioners of the Federal Trade Commission at will.They walk through the key amicus briefs, Professor Caleb Nelson’s arguments, and Philip Hamburger’s response in the Yale Journal on Regulation emphasizing the Constitution’s unitary executive structure. The trio also discuss the foreign-policy

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16:48

What “Necessary” Really Means: Kara Rollins on Fixing...

Unwritten Law ·

2025/11/21

John Vecchione sits down with NCLA’s Kara Rollins to unpack her new article published in the Yale Journal on Regulation, written as part of an online symposium analyzing Senator Eric Schmitt’s post–Loper Bright working-group report. Kara breaks down the misunderstood concept of “necessary” discretion in statutes, how agencies exploit vague language to expand their power, and why Congress should reform definition sections—rather than abandon useful legislative terms. They also discuss real-world

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25:40

Inside the 2025 Federalist Society Convention:...

Unwritten Law ·

2025/11/18

Mark Chenoweth and John Vecchione recap the 2025 Federalist Society National Lawyers Convention, offering candid insight into what made this year’s gathering different. From Judge Andy Oldham’s powerful Barbara Olson Lecture to unexpected debate pairings and shifts in programming philosophy, they break down where the convention excelled — and where it missed opportunities.They discuss the tension between staging debates for show versus digging into substantive legal questions, the increasing

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16:59

Necessary Discretion: Kara Rollins on Statutory Power...

Unwritten Law ·

2025/11/14

John Vecchione sits down with Kara Rollins to explore her recent piece in the Yale Journal on Regulation titled “Necessary” Discretion: A Primer for Non-Lawyers. They delve into what it really means when legislatures grant agencies the authority to act when something is “necessary,” how courts interpret these trigger‐words, and why this matters for administrative power. From the Spending Clause to rule‐making, this conversation breaks down complex doctrine in plain terms and shows how “necessary”

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27:50

Auto-Pen & Accountability: What the Oversight...

Unwritten Law ·

2025/11/12

Senior Litigation Counsel Margaret Harker joins Mark Chenoweth and John Vecchione to unpack the House Oversight Committee’s auto-pen investigation — a 100-page probe that raises serious questions about President Biden’s cognitive fitness, missing decision records, and last-minute pardons allegedly authorized via an auto-pen rather than by the President himself. They discuss the committee’s referral to the Department of Justice, the legal issues around voiding pardons, and why the report’s findings

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16:17

Judicial Impartiality Meets Fiction: Inside the...

Unwritten Law ·

2025/11/07

Mark Chenoweth and John Vecchione welcome NCLA Senior Litigation Counsel Russ Ryan for a jaw-dropping judicial-ethics cases.A Texas judge—currently presiding over a live case—has written three novels featuring characters bearing striking resemblance of herself and on one of the actual litigants before her. The fictional version of the real-life businessman is cast as a villain.The case is Dondero v. Jernigan, raising fundamental questions about impartiality.Russ walks through the surreal facts and

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32:18

Inside the Supreme Court: Trump’s Tariff Case and the...

Unwritten Law ·

2025/11/06

Fresh from the Supreme Court, Mark Chenoweth, John Vecchione, and Andy Morris break down oral arguments in the Trump tariffs case — a landmark challenge over whether the president can impose tariffs under the International Emergency Economic Powers Act (IEEPA).John and Andy share what they saw in the courtroom, how the justices responded, and why this case could redefine the limits of executive authority. From Justice Kagan’s sharp textual questions to Justice Kavanaugh’s deference to presidential

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20:31

Can the President Fire Lisa Cook? Trump v. Cook and...

Unwritten Law ·

2025/11/05

In this episode of Unwritten Law, Mark Chenoweth and John Vecchione welcome NCLA’s new Senior Litigation Counsel, Jacob Huebert, to unpack Trump v. Cook — a landmark Supreme Court case testing whether the president can fire a Federal Reserve governor at will. They dive into the constitutional roots of Article II, what it means for presidential authority, and why the Fed’s independence might not be as untouchable as some believe.

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29:43

Trump, the FTC, and the Fight Against the Headless...

Unwritten Law ·

2025/10/31

The Supreme Court is set to hear Trump v. Slaughter, a landmark case that could finally overturn Humphrey’s Executor—the 1935 decision that created “independent” federal agencies beyond presidential control. Mark Chenoweth and John Vecchione are joined by NCLA’s Margot Cleveland, principal author of NCLA's amicus brief, to explain why this case could restore accountability to the executive branch and rein in the modern administrative state. From the origins of the FTC to the constitutional power of

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25:34

Tariffs on Trial: The Supreme Court Weighs...

Unwritten Law ·

2025/10/28

Mark Chenoweth and John Vecchione are joined by NCLA’s Andy Morris to discuss one of the most consequential Supreme Court cases of the term — whether the president can impose tariffs under the International Emergency Economic Powers Act (IEEPA). They unpack the history of emergency powers, Congress’s exclusive authority to levy taxes, and how past presidents have tested these limits.From Roosevelt’s bank closures to Trump’s trade wars, this episode explores why the Constitution clearly puts tariff

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16:13

The Mount Rushmore of Originalism — Heritage Guide...

Unwritten Law ·

2025/10/21

In part two of Unwritten Law’s conversation with John Malcolm and Professor Josh Blackman, hosts Mark Chenoweth and John Vecchione explore the deeper substance of The Heritage Guide to the Constitution, Third Edition. The group discusses Justice Samuel Alito’s foreword, the “Mount Rushmore of Originalism,” and the evolution of constitutional thought from the Founding era to today. From the confrontation clause to the 27th Amendment, the conversation highlights surprising insights and little-known

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77 results

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