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Artwork for Unwritten Law
New Civil Liberties Alliance
Covid-19
CIGIE
Trump Administration
The Integrity Committee
Judge Pauline Newman
Due Process
Congress
Civil Liberties
Emergency Powers
Chevron Doctrine
Homeland Security
NCLA
Inspectors General
Bureaucracy
Simplified V. Trump
Supreme Court
Constitutional Law
Loper Bright Versus Raimondo
Relentless Versus Commerce

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.

PublishesTwice weeklyEpisodes82Foundeda year ago
Number of ListenersCategories
GovernmentNewsPolitics

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Artwork for Unwritten Law

Latest Episodes

What happens when a state or local police officer violates someone’s constitutional rights—and courts say there’s no practical way to sue?

In this episode of Unwritten Law, NCLA President Mark Chenoweth and Senior Litigation Counsel John Vecchione a... more

In this episode of Unwritten Law, Mark Chenoweth and John Vecchione break down the Supreme Court’s oral argument in Trump v. Cook, a case that puts presidential power, Federal Reserve independence, and the meaning of “for cause” removal squarely befo... more

In this episode of Unwritten Law, Mark Chenoweth and John Vecchione are joined by Peggy Little, Senior Litigation Counsel at NCLA, to discuss one of the most consequential cases in the organization’s docket: Davidson, et al. v. Atkins, a constitution... more

In this episode of Unwritten Law, John Vecchione and Mark Chenoweth unpack the latest chapter in Relentless, Inc. v. Department of Commerce, a case that sits at the crossroads of administrative power, statutory interpretation, and life after Chevron ... more

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Recent Guests

Casey Norman
A lawyer discussing the case against the National Park Service regarding base jumping regulations
New Civil Liberties Alliance (NCLA)
Episode: BASE Jumping, Bureaucracy, and the Law
Margaret Harker
A former AUSA and staff member of the House Oversight Committee
New Civil Liberties Alliance
Episode: Auto-Pen & Accountability: What the Oversight Committee Found About the Biden White House
Jacob Huebert
Senior Litigation Counsel at the New Civil Liberties Alliance
New Civil Liberties Alliance
Episode: Can the President Fire Lisa Cook? Trump v. Cook and Executive Power
John Malcolm
Senior Fellow at The Heritage Foundation
The Heritage Foundation
Episode: Inside The Heritage Guide to the Constitution: How 150 Scholars Reframed Originalism for a New Era - Part 1
Josh Blackman
Professor of Law and an expert on constitutional law.
The Heritage Foundation
Episode: Inside The Heritage Guide to the Constitution: How 150 Scholars Reframed Originalism for a New Era - Part 1
Andreia Trifoi
Staff attorney at NCLA involved in the amicus brief for West Virginia v. BPJ
New Civil Liberties Alliance
Episode: Title IX and Women’s Sports: The Supreme Court Takes Up West Virginia v. B.P.J.
Peggy Little
Long-time colleague dedicated to challenging the SEC gag rule
Episode: Silenced by the SEC: Fighting Against the Gag Rule
Andy Morris
Co-author of the en banc petition
Episode: Judge Newman’s Fight: En Banc Petition and the McBride Problem
Zhonette Brown
General Counsel at NCLA
New Civil Liberties Alliance
Episode: Nondelegation on Ice: EPA’s Refrigerant Rule and the DC Circuit’s Constitutional Workaround

Hosts

Mark Chenoweth
Host of Unwritten Law, focuses on legal discussions and civil liberties.
John Vecchione
Co-host of Unwritten Law, delves into constitutional law and civil liberty issues.

Chart Rankings

How this podcast ranks in the Apple Podcasts, Spotify and YouTube charts.

Apple Podcasts
#212
United States/Government
Apple Podcasts
#92
Spain/Government

Talking Points

Recent interactions between the hosts and their guests.

When Agencies Hold the Keys: FTC Investigations and the Right to Go to Court
Q: What concerns you about the CIDs issued by the FTC?
The lack of judicial review and the broad nature of the demands raise significant constitutional issues.
Tariffs vs. Small Business—Simplified’s Battle Against Executive Power-Grab
Q: Emily, I wanted to get back to you since we have the benefit of you with us today and ask, so what are your, how are you reacting to these tariffs?
Emily discusses her company's efforts to explore alternative suppliers due to the impact of tariffs, emphasizing the complexity and risks involved.
When Courts Say No—Alpine Securities, FINRA, and the Power of Private Regulators
Q: Do you think there was a vehicle problem with this case, or is there anything you can point to that might make the next case have a different result from the court's cert granting perspective?
Yes, the court's reluctance to rule on a preliminary injunction likely influenced their decision not to take the case, which may change if a subsequent case fully litigates the merits.
When Courts Say No—Alpine Securities, FINRA, and the Power of Private Regulators
Q: Can you sort of tell our listeners what that case was about and what was at stake here? Why does it matter that cert was denied here?
The case was about a private non-delegation argument regarding the FINRA's ability to enforce regulations without direct oversight from Congress. The denial of cert was disappointing because it upheld this private corporation's significant authority without sufficient checks.
Silencing Scholarship—How Institutional Review Boards Chill Free Speech
Q: What are the claims in the suit?
The claims involve constitutional violations of the First Amendment, including an unconstitutional licensing scheme, content discrimination, and viewpoint discrimination against cultural anthropologists.

Audience Metrics

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Frequently Asked Questions About Unwritten Law

What is Unwritten Law about and what kind of topics does it cover?

The content focuses on discussing issues related to administrative law and civil liberties, exploring the intersections between government actions and individual rights. Episodes frequently examine case law, recent developments in legal battles, and implications of executive power, particularly in the context of civil liberties and governmental overreach. A recurring theme is the critique of bureaucratic authority and the lack of accountability mechanisms for agencies that govern citizens' lives. Unique to this series is its emphasis on both historical precedents and current events that challenge individual rights and the legal frameworks that protect them, making it relevant for listeners who are concerned about the evolving landscape of l... more

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1. Advisory Opinions
2. Breaking History
3. The Editors
4. All-In with Chamath, Jason, Sacks & Friedberg
5. JWI Presents: Anchoring Truths Podcast

How many episodes of Unwritten Law are there?

Unwritten Law launched a year ago and published 82 episodes to date. You can find more information about this podcast including rankings, audience demographics and engagement in our podcast database.

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What guests have appeared on Unwritten Law?

Recent guests on Unwritten Law include:

1. Casey Norman
2. Margaret Harker
3. Jacob Huebert
4. John Malcolm
5. Josh Blackman
6. Andreia Trifoi
7. Peggy Little
8. Andy Morris

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