In 2001, Senate Majority Leader Trent Lott (R-Miss.) dismissed Senate Parliamentarian Robert Dove, highlighting tensions over the nonpartisan role’s influence in a politically divided Senate. This article explores Dove’s dismissal, the establishment of the Senate parliamentarian’s office and its relation to President Franklin D. Roosevelt’s era, the process for overturning parliamentary decisions, and controversial rulings by subsequent parliamentarians, notably Elizabeth MacDonough.Creation of the Senate Parliamentarian’s Office
The Senate parliamentarian’s role was formally established in 1935, when Charles L. Watkins was appointed as the first parliamentarian. Prior to this, the Senate relied on presiding officers—typically the vice president or president pro tempore—and their staff to interpret its complex rules and precedents. The growing intricacy of Senate procedures, driven by an expanding legislative workload, necessitated a dedicated, nonpartisan expert to ensure consistency and impartiality.
While the creation of the role was not directly tied to President Franklin D. Roosevelt, it occurred during his first term, amidst the New Deal’s ambitious legislative push. The New Deal required navigating complex budgetary and procedural rules to pass major economic reforms, such as the Social Security Act and the National Labor Relations Act, in a Senate grappling with partisan divides. The establishment of the parliamentarian’s office was a practical response to the need for procedural expertise, as the Senate sought to manage increasingly technical legislation. There is no direct evidence that Roosevelt himself advocated for the role, but the timing reflects the Senate’s adaptation to the era’s legislative demands. Watkins, a seasoned Senate clerk, was appointed to provide neutral guidance, formalizing a role that became critical with later developments like the Byrd Rule (1974).
The Dismissal of Robert Dove
In May 2001, Trent Lott fired Robert Dove, Senate parliamentarian during Republican-controlled periods (1981–1987 and 1995–2001), over rulings that hindered the GOP agenda in a 50-50 Senate. Two key decisions sparked the conflict:
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Budget Reconciliation Limits: Dove ruled that only one budget reconciliation bill per year could bypass the filibuster, limiting Republican efforts to pass multiple tax cuts under President George W. Bush’s $1.35 trillion tax plan.
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Natural Disaster Funding: Dove determined that a $5 billion-plus natural disaster relief provision in the 2002 budget required 60 votes, subjecting it to a filibuster and complicating GOP strategy.
Seen as favoring Democrats, these rulings led to Dove’s dismissal by Secretary of the Senate Gary Sisco, acting on Lott’s orders. Dove was replaced by deputy Alan Frumin. The move drew criticism from Senate Minority Leader Tom Daschle (D-S.D.) as “harmful to the process” and from Senate historian Donald Ritchie as a “dangerous precedent” threatening the office’s independence. Dove’s prior dismissal by Democratic Majority Leader Robert Byrd in 1987 further underscored the role’s vulnerability.
Overturning a Parliamentarian’s Decision
The Senate parliamentarian advises the presiding officer on rules, precedents, and procedures, especially in budget reconciliation, governed by the Byrd Rule, which determines if provisions are budgetary or “extraneous” (subject to filibuster). Though advisory, these rulings carry weight due to Senate tradition. Options to overturn them include:
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Presiding Officer’s Ruling: The presiding officer (e.g., vice president) can ignore the parliamentarian’s advice, as Vice President Nelson Rockefeller did in 1975 on filibuster rules.
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Senate Vote: A simple majority (51 votes) can overturn a ruling, though this is rare due to respect for norms.
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Dismissal: The Majority Leader can direct the Secretary of the Senate to fire the parliamentarian, as Lott did in 2001.
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Rule Changes: The Senate can modify rules to negate a ruling’s effect, as seen in 2001.
These mechanisms are sparingly used to preserve the parliamentarian’s perceived neutrality.
Controversial Decisions by Elizabeth MacDonough
Elizabeth MacDonough, appointed in 2012 as the first female Senate parliamentarian, has faced criticism for several rulings:
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Minimum Wage in the American Rescue Plan (2021): MacDonough ruled that a $15-per-hour minimum wage increase in President Biden’s $1.9 trillion COVID-19 relief bill violated the Byrd Rule, blocking its inclusion in reconciliation. Progressives like Rep. Ilhan Omar called for her dismissal, citing Lott’s precedent, but Senate Majority Leader Chuck Schumer upheld the ruling.
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Tax Cuts and Jobs Act (2017): MacDonough allowed provisions like Arctic drilling and eliminating the Affordable Care Act’s individual mandate penalty in the GOP tax bill but rejected its title, “Tax Cuts and Jobs Act,” as non-budgetary.
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One Big Beautiful Bill Act (2025): MacDonough rejected a provision in this House-passed reconciliation bill to limit nationwide injunctions, deeming it extraneous. Some Republicans, echoed on X, urged Senate Majority Leader John Thune to fire or overrule her, citing Lott’s 2001 action.
MacDonough’s neutrality has largely preserved her position, as former parliamentarian Alan Frumin noted: the role succeeds when “everyone thinks I’m favoring the other side.”
Implications and Precedent
The Senate parliamentarian’s office, established in 1935 to address the procedural demands of a complex legislative era, was not a direct initiative of Roosevelt but aligned with the needs of his New Deal agenda. Lott’s 2001 dismissal of Dove remains the only politically motivated firing of a parliamentarian, setting a controversial precedent invoked in later debates over MacDonough’s rulings. While mechanisms exist to challenge parliamentarians, the Senate’s respect for institutional norms typically prevents such actions, preserving the office’s role as a neutral arbiter of procedure.
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