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Parliamentarian of the United States Senate

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Parliamentarian of the United States Senate
NameParliamentarian of the United States Senate
IncumbentElizabeth MacDonough
Incumbentsince2012
Reports toPresiding Officer of the Senate
SeatUnited States Capitol
AppointerSecretary of the Senate (with Senate consent)
Formation1935
InauguralCharles L. Watkins

Parliamentarian of the United States Senate is the principal advisor on United States Senate procedure, precedent, and interpretation of the chamber's standing rules and precedents. The office provides rulings and memoranda to presiding officers such as the Vice President of the United States and the President pro tempore of the United States Senate and advises committee chairs and party leaders including the Majority Leader of the United States Senate and the Minority Leader of the United States Senate. The parliamentarian operates within the institutional framework of the United States Congress and interacts with entities such as the Secretary of the Senate and the Library of Congress for research and precedent.

Role and Responsibilities

The parliamentarian interprets the Standing Rules of the Senate, advises on application of precedents like decisions recorded in the Senate Manual and the Congressional Record, and issues formal and informal guidance to presiding officers from the Vice President of the United States and the President pro tempore of the United States Senate to committee leaders such as chairs of the Senate Committee on Finance and the Senate Committee on the Budget. Responsibilities include ruling on germaneness in debates referenced to the Reconciliation process (United States) and on budgetary points of order tied to the Congressional Budget Act of 1974 and the Byrd Rule. The office also maintains institutional memory through citation to prior rulings involving figures like the Majority Leader of the United States Senate Harry Reid, Mitch McConnell, and Chuck Schumer, and documents decisions relevant to landmark measures such as the Tax Cuts and Jobs Act of 2017.

Appointment and Office

The parliamentarian is selected by the Secretary of the Senate with the advice and consent of the chamber and serves at the pleasure of Senate leadership, traditionally operating as a nonpartisan career official within the United States Senate. The office is housed in the United States Capitol complex and coordinates with the Government Publishing Office and the Congressional Research Service for precedent research. Notable administrative interactions have occurred with officers like the Clerk of the United States House of Representatives and the Sergeant at Arms of the United States Senate in matters of floor procedure and security during sessions such as those surrounding the Certification of the Electoral College.

Procedures and Rulings

Procedural rulings guide application of provisions under statutes such as the Congressional Budget Act of 1974, decisions under the Byrd Rule, and interpretations relevant to the Reconciliation process (United States), including limits on extraneous provisions with reference to precedents from the Treaty ratification process of the United States and rulings connected to the USA PATRIOT Act. The parliamentarian issues memoranda citing prior rulings involving senators like Robert Byrd, Ted Stevens, Daniel Patrick Moynihan, and Strom Thurmond, and applies precedents found in the Senate Manual and the Congressional Record. When disputes arise, presiding officers may consult the parliamentarian before ruling; party leaders including the Majority Leader of the United States Senate and the Minority Leader of the United States Senate sometimes challenge or seek to influence interpretations, as occurred during consideration of the Affordable Care Act and the American Rescue Plan Act of 2021.

Historical Development

The role evolved from ad hoc clerical advice in the early United States Congress to a formal office in the 20th century, with institutionalization concurrent with expansion of committee systems such as the Senate Committee on Rules and Administration and documentation efforts like the Senate Manual. Early figures such as Charles L. Watkins helped codify procedure; later parliamentarians engaged with crises including the Watergate scandal, the Iran–Contra affair, and high-profile nomination battles like the confirmations of Robert Bork and Clarence Thomas. The development of budget reconciliation via the Congressional Budget Act of 1974 and the entrenchment of the Byrd Rule significantly increased the office's influence on fiscal legislation crafted by leaders such as Tip O'Neill and Newt Gingrich during interactions between the United States Senate and the United States House of Representatives.

Notable Parliamentarians and Precedents

Figures such as Charles L. Watkins, Robert B. Dove, Alan Frumin, and Elizabeth MacDonough have issued rulings that shaped legislative outcomes on matters including reconciliation and nominations. Precedents set by rulings on germaneness and points of order reference historic episodes involving senators like Robert Byrd, William Proxmire, Joseph Tydings, and Everett Dirksen. Key rulings influenced passage of major laws such as the Tax Cuts and Jobs Act of 2017, the Affordable Care Act, and emergency measures tied to responses referenced by presidents including Barack Obama, Donald Trump, and Joe Biden.

Controversies and Political Influence

The parliamentarian's interpretations have provoked controversy during high-stakes debates over confirmation rules in nominations like those of Merrick Garland (as referenced in broader confirmation disputes), the use of reconciliation under Harry Reid and Mitch McConnell, and challenges during impeachment proceedings such as those involving Andrew Johnson historically as precedent studies. Political actors including the Majority Leader of the United States Senate and partisan organizations have at times criticized rulings and pushed for procedural changes, prompting discussion of reform involving institutions such as the Congressional Research Service and the Government Accountability Office. Debates over the extent of the parliamentarian's discretion have involved legal scholars at institutions like Harvard Law School, Yale Law School, and Columbia Law School and have intersected with media coverage by outlets that report on United States Senate operations.

Category:United States Senate