How the Senate Can Overrule the Parliamentarian

Zion Patriot,

The Senate Parliamentarian has become the focus of furious debate over the One Big Beautiful Bill (OBBB), especially after advising against parts of the repeal of the NFA tax stamp. Many are now asking: Can the Senate simply ignore the Parliamentarian and move forward anyway?

The answer is yes—but with big caveats.

Here’s exactly how it works.

1️⃣ Who Is the Parliamentarian?

The Parliamentarian is not an elected official. She is the Senate’s official advisor on the rules. Her role is to interpret the rules and provide guidance to the Presiding Officer—the person actually running the Senate floor at any given moment.

Contrary to what many believe, the Parliamentarian’s advice is not binding.

2️⃣ Who Actually Rules on Procedure?

It’s the Presiding Officer, which can be:

  • The Vice President (as President of the Senate)
  • The President Pro Tempore
  • Or any Senator designated to preside

They are the ones who formally issue rulings on points of order.

3️⃣ What Happens When a Point of Order Is Raised?

When a Senator claims that a section of a bill violates Senate rules (like the Byrd Rule), here’s what happens:

✅ The Parliamentarian quietly advises the Presiding Officer.
✅ The Presiding Officer issues a ruling—almost always following the Parliamentarian’s recommendation.

4️⃣ Can the Presiding Officer Ignore the Parliamentarian?

Yes. The Presiding Officer has the authority to reject the Parliamentarian’s advice and rule however they choose.

Example:
In 2001, Senate Republicans overruled the Parliamentarian on budget reconciliation instructions.
In 2013, Democrats ignored precedent to end the filibuster for most nominations (the so-called “nuclear option”).

5️⃣ What Happens Next?

If the Presiding Officer issues a ruling contrary to the Parliamentarian’s advice, any Senator can appeal that decision.

Then the entire Senate votes whether to uphold or overturn the ruling.

6️⃣ How Many Votes Are Needed?

Just a simple majority:

  • If 51 Senators vote to sustain the Presiding Officer, the ruling stands.
  • If 51 Senators vote to overturn, the ruling is reversed.

This is how precedent changes are made in the Senate—by majority vote.

7️⃣ Why Is This Rare?

Overruling the Parliamentarian is rare because it:

  • Breaks institutional norms.
  • Sets dangerous precedents that can be used by the other party in the future.
  • Can fracture a party’s own caucus.

It’s why even when tempers are high—like today—most Senate leaders hesitate to take this step.

🔹 Quick Historical Examples

  • 2001: Senate Republicans ignored the Parliamentarian on reconciliation instructions.
  • 2013: Democrats invoked the nuclear option to end the filibuster for most nominations.
  • 2017: Republicans extended it to Supreme Court nominees.

Each time, it set new precedents that reshaped Senate power forever.

The Bottom Line

The Parliamentarian only advises.

The Presiding Officer rules.

The Senate decides.

If a determined majority wants to ignore or overrule the Parliamentarian, they can—but they should be ready to live with the precedent they create.

Stay tuned. With the NFA tax repeal hanging in the balance, we may see whether today’s Senate is willing to cross that line.

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