{"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":"Who Gets to Decide What’s a Crime?","slug":"who-gets-to-decide-what-s-a-crime","published_at":"2026-04-05T13:00:00+00:00","page_url":"https://stenobird.com/podcast/unwritten-law-7233280/who-gets-to-decide-what-s-a-crime","show_page_url":"https://stenobird.com/podcast/unwritten-law-7233280","url":"https://unwritten-law.captivate.fm/episode/who-gets-to-decide-whats-a-crime","audio_url":"https://episodes.captivate.fm/episode/40f1d346-054f-406f-978b-95355a91f61d.mp3","summary":"In this episode of Unwritten Law , NCLA Senior Litigation Counsel John Vecchione is joined by NCLA Litigation Counsel Casey Norman to discuss Pheasant v. United States , a case asking the U.S. Supreme Court to consider whether Congress can delegate the power to create criminal laws to federal agencies. The case began when a man riding a dirt bike on Bureau of Land Management land was charged with a criminal offense—not because Congress passed a law making his conduct a crime, but because a federal agency created the regulation and attached criminal penalties to it. NCLA filed an amicus brief supporting Supreme Court review, arguing that allowing agencies to define criminal conduct raises serious constitutional concerns. The discussion explains the nondelegation doctrine , the “intelligible principle” test, and why criminal law raises special due process concerns when agencies—not Congress—decide what conduct can lead to fines or prison time. The episode also explores how modern courts interpret delegation differently than earlier courts and why this case could have major implications for the separation of powers.","meta_description":"In this episode of Unwritten Law , NCLA Senior Litigation Counsel John Vecchione is joined by NCLA Litigation Counsel Casey Norman to discuss Pheasant v.…","key_points":[],"chapters":[],"topics":[],"duration_seconds":983,"processing_state":"not_requested","actions":[{"name":"request_transcript","method":"POST","url":"https://stenobird.com/v1/public/podcasts/unwritten-law-7233280/episodes/who-gets-to-decide-what-s-a-crime/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/who-gets-to-decide-what-s-a-crime.md","description":"Read the agent-friendly Markdown representation of this episode resource."}]}}