The parliamentarian isn’t more powerful than the people

First we were told that unelected federal judges could dictate all policy, law, and appropriations. Now the excuse for inaction is the Senate parliamentarian.

Left-wing protesters chant “no kings,” but nearly every major Trump-era domestic policy was blocked by a court. Nearly 200 actions on immigration, personnel, spending, and transgender issues were halted or overturned by the judiciary. Today, the good provisions in an otherwise lackluster reconciliation bill are being gutted — not by Congress, not by voters, but by a Senate staffer.

Republicans now hide behind the parliamentarian to justify a bill that hikes the deficit, preserves green energy handouts, and leaves the welfare state untouched.

If Republicans refuse to overrule the courts, the parliamentarian, or anyone else standing in the way, what’s the plan? What’s the point of winning elections if Democrats, judges, and bureaucrats still call the shots? Do they really expect to get 60 Senate votes?

Over the past week, Senate parliamentarian Elizabeth MacDonough ruled that a long list of provisions violate the Byrd Rule and can’t be included in the reconciliation bill. Among them:

Financial Cuts:

• Require states with high food stamp overpayments to share in the cost (reduced from $128 billion to just $41 billion).
• Cut $6.4 billion from the Consumer Financial Protection Bureau.
• Cut $1.4 billion in Federal Reserve staff wages.
• Cut $293 million from the Office of Financial Research.
• Eliminate the Public Company Accounting Oversight Board ($771 million).
• Cut Pentagon funding if the department misses spending deadlines.
• Ban food stamps for illegal aliens.

Policy Measures:

• Repeal green energy subsidies in the Inflation Reduction Act.
• Overturn EPA tailpipe emission rules.
• Vacate certain court injunctions when plaintiffs don’t post bond.
• Bar funding for sanctuary cities.
• Allow states to arrest illegal aliens.
• Require congressional approval of major federal regulations (modified REINS Act).

Republicans now hide behind MacDonough to justify a bill that hikes the deficit, preserves green energy handouts, and leaves the welfare state untouched.

The Byrd Rule has become an excuse to flush the conservative priorities and pass a mess. And let’s not kid ourselves — the parliamentarian had no objection to provisions that punish states for regulating AI. Under the Senate version of the bill, states can still regulate AI and data centers, but if they do, they lose access to BEAD broadband funding.

The good stuff in this bill may have been bait — added just to lure conservatives into voting yes, knowing full well the parliamentarian would knock it out. That’s why conservatives must pressure President Trump to do what Senate Republicans won’t: overrule MacDonough.

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Photo by Nathan Posner/Anadolu via Getty Images

Let’s get something straight: The Senate parliamentarian does not make the rules. The presiding officer does — and the majority party controls the chair. The office of parliamentarian didn’t even exist until 1935. The parliamentarian sits below the presiding officer on the rostrum, not above him. Her advice is just that — advice.

The Congressional Research Service puts it plainly: "As a staff official, neither parliamentarian is empowered to make decisions that are binding on the House or Senate. The parliamentarians and their deputies/assistants only offer advice that the presiding Representative or Senator may accept or reject."

JD Vance, as president of the Senate, can overrule MacDonough at any time. Here’s how: When Democrats raise a point of order against a GOP-backed provision, MacDonough may say it violates the Byrd Rule and must be stripped. But the presiding officer — Vance or his designee — can simply say no. That provision stays in the bill. The Senate then proceeds under the reconciliation process and passes the whole thing with a simple majority.

Trump can make this happen. He can threaten to send Vance to the chair if Majority Leader John Thune (R-S.D.) refuses to play ball. Thune can demand MacDonough’s firing — just as Trent Lott did in 2001 when the parliamentarian ruled against Republican priorities.

Trump is right to be frustrated. On Tuesday, he demanded that Congress cancel the July 4 recess and finish the job. But he also needs to make it clear that he won’t accept a watered-down deal. He must draw red lines around immigration and the Green New Deal. The American people didn’t elect Elizabeth MacDonough. They elected Trump.

And no unelected staffer has the right to overturn the will of 77 million voters.