The Parliamentarian: The Quiet Referee Shaping America’s Budget Debates

If you’ve ever watched a dramatic Senate debate unfold on TV and wondered who’s keeping all the rules straight, the answer isn’t always the Vice President or even a senator. Behind the scenes sits one of the most quietly influential figures in Washington: the Senate Parliamentarian. Though largely unknown to the public, this nonpartisan expert plays a pivotal role in how Congress—and especially the Senate—crafts the federal budget. In fact, at certain moments, the parliamentarian’s word can determine the success or failure of a major policy.

What Is a Parliamentarian, Anyway?

At its core, the parliamentarian’s job is to serve as the Senate’s procedural advisor. Consider the parliamentarian the impartial arbiter of the Senate— someone who remains impartial, maintains impartiality, and is well-versed in all the rules. The parliamentarian interprets and enforces the Senate’s often-arcane rules, precedents, and norms, which have been built up over centuries.

Unlike elected officials, the parliamentarian is nonpartisan, appointed by the Senate Majority Leader, and expected to apply the rules impartially, regardless of which party is in power. The current Senate Parliamentarian, Elizabeth MacDonough, has held the position since 2012 and has seen her rulings shape everything from tax cuts to health care reform.

While the House of Representatives also has a parliamentarian, the Senate’s version plays a more pronounced role—particularly because of the Senate’s unique procedures, such as the filibuster and budget reconciliation.

The Budget Process: Where the Parliamentarian Becomes a Power Player

The parliamentarian spends most of the year in the background, providing advice to senators and staff on how to formulate amendments and organize floor debates. But during the federal budget process—especially when budget reconciliation is involved—the parliamentarian takes center stage.

Budget reconciliation is a fast-track legislative tool created by the Congressional Budget Act of 1974. It allows Congress to pass certain types of budget-related legislation with a simple majority vote—just 51 votes in the Senate—instead of the 60 votes typically required to overcome a filibuster. That makes reconciliation incredibly powerful, especially in a closely divided Senate. It’s how both President Trump’s 2017 tax cuts and key parts of President Biden’s early pandemic-era economic agenda made it through Congress.

But there’s a catch: the process comes with strict limitations, known as the Byrd Rule, named after longtime Senator Robert Byrd of West Virginia. The Byrd Rule is designed to keep reconciliation focused strictly on budgetary matters. It blocks so-called “extraneous” provisions—anything that doesn’t primarily affect federal spending or revenue or that makes changes purely for policy reasons.

This is where the parliamentarian’s power becomes evident: they make the decisions about what should remain in the bill and what should be removed.

The Byrd Bath: A Behind-the-Scenes Ritual

Before a reconciliation bill goes to the Senate floor, it goes through what insiders call a “Byrd Bath”—a detailed vetting where each provision is examined for compliance with the Byrd Rule. Lawmakers may argue that their provision has a legitimate budget impact, while opponents push to have it removed. The parliamentarian hears both sides and issues a ruling.

The process isn’t a casual review—it can involve intense legal and procedural analysis, back-and-forth negotiations, and even late-night meetings. Staffers and senators might prepare binders full of economic data or legislative history to make their case. Once the parliamentarian rules, her decision is almost always final. Overriding her would require 60 votes, which almost never happens.

For example, in 2021, Senate Democrats attempted to include a federal minimum wage increase in their COVID relief reconciliation bill. The parliamentarian ruled that the proposal violated the Byrd Rule because its budgetary impact was “merely incidental” to the broader policy goal. As a result, the wage hike was stripped from the bill—despite being a top priority for many lawmakers.

Unseen, Unshakable, and Unmatched in Influence

What makes the parliamentarian’s role so unique is the enormous influence exercised without ever casting a vote, giving a speech, or appearing on the news. Their authority is procedural, but it’s real—and it matters because Senate rules are the guardrails that shape legislation.

While critics occasionally argue that the parliamentarian’s rulings can block major social reforms or tilt the scales of debate, defenders point out that the job is about consistency, not politics. The parliamentarian doesn’t decide what should be passed—only what can be passed under Senate rules.

That said, the position isn’t immune to controversy. In rare cases, there have been calls to dismiss or overrule the Parliamentarian, especially when a key ruling thwarts a major policy objective. But doing so would break with longstanding Senate tradition and risk politicizing what has been a reliably neutral role.

Why This Matters to All of Us

It may seem technical—and it is—but the parliamentarian’s work directly affects everything from your tax rate to your health care costs. Every time Congress uses reconciliation to pass a major spending or tax bill, the parliamentarian’s decisions help define the boundaries of what that bill can do. Whether or not a child tax credit can be expanded or a new student loan policy added might hinge on a procedural ruling few Americans ever hear about.

In a democracy built on laws and procedures, the parliamentarian serves as a quiet guardian of those rules—ensuring that even in moments of high political drama, the process remains grounded in precedent and principle.