The Power Behind the Podium

While rarely a headline-maker outside of Washington, the Senate parliamentarian wields extraordinary influence over how laws are made in the United States.

Tasked with interpreting the complex, often arcane rules of the U.S. Senate, this nonpartisan official plays a pivotal role in determining what legislation sees the light of day and what falls by the wayside.

Elizabeth MacDonough has served as the Senate parliamentarian since 2012— the first woman to hold the position. Her office advises the Senate’s presiding officer, ensuring that every legislative move adheres to the institution’s rules, precedents, and procedures. Perhaps her most influential responsibility lies in interpreting the reconciliation process, a fast-track legislative route that allows certain budget-related bills to pass with a simple majority, bypassing the Senate’s 60-vote filibuster threshold.

Budget reconciliation has become one of the most politically charged arenas in Congress, and the parliamentarian acts as its gatekeeper. Central to this is the Byrd Rule, which prohibits non-budgetary items from being included in reconciliation bills. MacDonough’s interpretations of this rule have repeatedly shaped major legislative efforts.

In 2021, she blocked an attempt by Senate Democrats to include a $15 minimum wage in the American Rescue Plan (the COVID-19 relief bill), determining that it did not meet the strict fiscal impact criteria imposed by budget reconciliation rules. That same year, she rejected immigration reforms embedded in a $3.5 trillion spending package, citing their “tremendous and enduring policy change” as exceeding the boundaries of reconciliation.

Her decisions draw both praise and criticism, depending on which political party is on the wrong side of a ruling. This reflects the parliamentarian’s unusual position of being appointed by the Senate majority yet expected to act impartially, with decisions grounded solely in precedent.

The role of parliamentarian was created in 1935 during the rise of the New Deal. As the intricate procedures differed more and more from what the senators were familiar with, the need for a procedural expert became clear. Charles L. Watkins, who had been informally advising the Senate since 1923 regarding previous decisions, became the first official parliamentarian. He held the position until 1964.

As Senate debates grew more complex and contentious in the post-World War II era, the office became indispensable in managing procedural disputes and unanimous consent agreements.

The parliamentarian’s authority surged after budget reconciliation was established in the 1974 Congressional Budget Act and the Byrd Rule was introduced over a decade later. Suddenly, the parliamentarian was deciding the fate of entire policy agendas instead of just interpreting the rules.

MacDonough and her predecessors have left fingerprints on nearly every major budget bill of the 21st century. In 2010, during efforts to amend the Affordable Care Act (ACA), the parliamentarian required that Pell Grant funding and eligibility provisions violating the Byrd Rule be removed from the Health Care and Education Reconciliation Act.

In 2017, the Republican-led Better Care Reconciliation Act, which was intended to repeal and replace the ACA, also fell under scrutiny. Provisions defunding Planned Parenthood, allowing state waivers for essential health benefits, and continuing cost-sharing reductions were all ruled non-compliant.

Even during the passage of the Tax Cuts and Jobs Act the same year, the parliamentarian struck out controversial language repealing the Johnson Amendment. MacDonough determined that the amendment, a tax code provision prohibiting religious and tax-exempt nonprofit organizations from endorsing, opposing, or contributing to political candidates, lacked sufficient budgetary relevance.

In a chamber mired in gridlock, the Senate parliamentarian remains a rare constant, a guardian of rules in a body that frequently bends them. As parties look to budget reconciliation as a legislative shortcut (potentially in debates this year over Tax Cuts and Jobs Act reauthorization), the parliamentarian’s influence continues to grow.