{"podcast":{"title":"Unwritten Law","slug":"unwritten-law-7233280","podcast_index_feed_id":7233280,"rss_url":"https://feeds.captivate.fm/unwritten-law/","website_url":"https://nclalegal.org/media/unwritten-law/","image_url":"https://artwork.captivate.fm/4e6a8de9-fe92-45b5-9f8f-906c310aa90c/8tfnSzWGybasy_xFa3_tP4Hx.jpg","author":"Mark Chenoweth & John Vecchione","episode_count":129,"summary":"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 Liberti…","last_synced_at":"2026-08-01T16:20:49.476532+00:00","page_url":"https://stenobird.com/podcast/unwritten-law-7233280"},"episode":{"title":"Can Agency Commentary Increase Your Prison Sentence?","slug":"can-agency-commentary-increase-your-prison-sentence","published_at":"2026-07-21T13:00:00+00:00","page_url":"https://stenobird.com/podcast/unwritten-law-7233280/can-agency-commentary-increase-your-prison-sentence","show_page_url":"https://stenobird.com/podcast/unwritten-law-7233280","url":"https://unwritten-law.captivate.fm/episode/can-agency-commentary-increase-your-prison-sentence","audio_url":"https://episodes.captivate.fm/episode/dd894e22-aa7f-4006-903d-d4e1c9d1e636.mp3","summary":"In this episode of Unwritten Law , NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by Litigation Counsel Casey Norman to discuss Beaird v. United States , a Supreme Court case that could reshape federal criminal sentencing. At issue is Stinson deference , a doctrine requiring courts to defer to the U.S. Sentencing Commission’s commentary interpreting the federal sentencing guidelines. Unlike the guidelines themselves, that commentary is never approved by Congress and never goes through notice-and-comment rulemaking—yet it can dramatically increase a defendant’s prison sentence. Casey explains why the case follows naturally from the Supreme Court’s recent decisions limiting administrative deference, including Kisor v. Wilkie and Loper Bright . The discussion explores why courts—not agencies—have the constitutional duty to interpret the law, why due process requires fair notice before liberty is taken away, and why the rule of lenity weighs against expanding criminal punishment through agency interpretation. Mark, John, and Casey also examine Article III, judicial independence, and why Beaird could become the Court’s next major administrative law decision.","meta_description":"In this episode of Unwritten Law , NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by Litiga…","key_points":[],"chapters":[],"topics":[],"duration_seconds":784,"processing_state":"not_requested","actions":[{"name":"request_transcript","method":"POST","url":"https://stenobird.com/v1/public/podcasts/unwritten-law-7233280/episodes/can-agency-commentary-increase-your-prison-sentence/transcription-requests","description":"Idempotently request low-priority transcript generation for this episode."},{"name":"read_markdown","method":"GET","url":"https://stenobird.com/podcast/unwritten-law-7233280/can-agency-commentary-increase-your-prison-sentence.md","description":"Read the agent-friendly Markdown representation of this episode resource."}]}}