The Mount Rushmore of Originalism — Heritage Guide Part 2
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 historical details that shaped our understanding of America’s founding document.A must-listen for anyone passionate about originalism, constitutional history, and the ongoing effort to keep the meaning of the Constitution alive and clear.
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Inside The Heritage Guide to the Constitution: How 150 Scholars Reframed Originalism for a New Era - Part 1
In this episode of Unwritten Law, Mark Chenoweth and John Vecchione sit down with John Malcolm and Professor Josh Blackman to discuss The Heritage Guide to the Constitution, Third Edition—a monumental, fully revised collection of essays from more than 150 scholars and judges. Discover how this project reshapes the study of originalism, why it matters to lawyers, students, and citizens, and how it continues the legacy of Ed Meese and Justice Alito in advancing constitutional understanding.
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Title IX and Women’s Sports: The Supreme Court Takes Up West Virginia v. B.P.J.
Staff attorney Andreia Trifoi joins Mark Chenoweth and John Vecchione to discuss West Virginia v. B.P.J., one of the Supreme Court’s most consequential upcoming cases on women’s sports and Title IX. The case challenges whether states can restrict participation in female sports to biological women—and whether courts can reinterpret “sex” in Title IX to include gender identity.Andreia explains NCLA’s amicus brief, which argues that the Fourth Circuit’s reading of Title IX violates the Constitution’s Spending Clause and the clear statement rule, by imposing conditions Congress never enacted. The discussion unpacks what’s at stake for state sovereignty, federal funding, and the future of women’s athletics.
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The Roberts Court Turns 20: Triumphs, Trials, and Calling Balls Strikes
Mark Chenoweth and John Vecchione look back on two decades of the Roberts Court, reflecting on its most consequential rulings—from overturning Roe and Chevron to affirming the Second Amendment and colorblind constitutionalism. They discuss The Wall Street Journal’s recent editorial, “The Triumph of the Roberts Court,” and explore what Chief Justice John Roberts’ steady hand has meant for the Supreme Court’s direction and integrity.👉 Read the Wall Street Journal article here: https://www.wsj.com/opinion/chief-justice-john-roberts-20-years-supreme-court-bb977114
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Silenced by the SEC: Fighting Against the Gag Rule
Mark Chenoweth and John Vecchione are joined by Peggy Little to discuss the latest challenge to the SEC’s unconstitutional gag rule. After years of litigation, Peggy and her clients are pressing the Ninth Circuit for a rehearing en banc, arguing that the rule violates free speech, exceeds the SEC’s authority, and has muzzled defendants and the press for over 50 years. Hear why this long-running battle could finally bring transparency and accountability to the agency’s settlement process.
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.
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