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Jun 26 • 5 tweets • 9 min read
I’ve posted on this before but X search function leaves a lot to be desired. So I’m reposting this.
Can @VP Override the Parliamentarian’s Recommendations?
Yup, Vice President JD Vance, as President of the Senate, can override the Senate Parliamentarian’s recommendations. The Parliamentarian advises on Senate rules, like whether a provision in a budget reconciliation bill fits the Byrd Rule, but their advice isn’t binding. When presiding, Vance can make a procedural ruling that goes against the Parliamentarian, like keeping a provision they flagged as non compliant. This power comes from the Constitution (Article I, Section 3), which makes the VP the President of the Senate. It’s rare, though, since the Parliamentarian’s the expert & overriding them can stir up trouble.
▪️ Can the Senate Majority Leader Override the Parliamentarian?
The Senate Majority Leader, John Thune (@LeaderThune), doesn’t have direct authority to override the Parliamentarian’s recommendations like Vance does, as he’s not the presiding officer.
However, Thune can effectively override the Parliamentarian indirectly by leveraging his leadership role to influence Senate votes or, in extreme cases, by replacing the Parliamentarian.
▪️ Who Can Override the Parliamentarian?
▫️ The Presiding Officer (Vance): As VP, Vance can issue a ruling when presiding, like allowing a provision in a reconciliation bill that the Parliamentarian says violates the Byrd Rule. This is a direct override, subject to Senate challenge.
▫️ The Senate Itself: The full Senate can override the Parliamentarian by voting to waive a point of order raised to enforce the Parliamentarian’s advice (e.g., striking a non-compliant provision). This typically requires 60 votes for Byrd Rule violations in reconciliation. Alternatively, the Senate can uphold a VP’s ruling against the Parliamentarian with a simple majority (51 votes, or 50 plus Vance’s tiebreaker).
▫️ The Senate Majority Leader (Thune): Thune can’t make procedural rulings like Vance, as he’s not the presiding officer. However, he can orchestrate an override by rallying the Senate to vote against the Parliamentarian’s advice or, rarely, by replacing the Parliamentarian with someone whose advice aligns with his goals. This is less about direct authority & more about political maneuvering.
▪️ Steps for the Senate Majority Leader to Override the Parliamentarian
Here’s how Thune, as Senate Majority Leader, could effectively override the Parliamentarian’s recommendations, though it’s indirect and relies on Senate action:
▫️ Parliamentarian’s Advice: The Parliamentarian rules that a provision, say in a reconciliation bill, violates the Byrd Rule (e.g., it’s not budget-related).
▫️ Point of Order Raised: A senator, often prompted by the minority (e.g., @SenateDems), raises a point of order to strike the provision based on the Parliamentarian’s advice.
▫️ Thune’s Leadership Move: Thune can rally his party to vote to waive the point of order, overriding the Parliamentarian’s recommendation. For Byrd Rule violations, this requires a three-fifths majority (60 votes), which is tough with only 53 Republican seats in 2025 unless some Democrats agree. Thune’s role is to whip votes, using his influence to secure the majority needed.
▫️ Senate Vote: If Thune succeeds, the Senate votes to waive the point of order, keeping the provision despite the Parliamentarian’s advice. This sets a precedent allowing the provision to stay in the bill.
▫️ Alternative Path (Firing the Parliamentarian):
In a rare, extreme case, Thune could move to dismiss the Parliamentarian & appoint a new one whose advice aligns with Republican goals. The Majority Leader has the authority to hire & fire the Parliamentarian, as seen in 2001 when Trent Lott fired Robert Dove after disagreements over reconciliation. This isn’t a direct override of a specific ruling but changes the source of advice, effectively bypassing the original recommendation. It’s a nuclear option, politically risky & rarely used. Note: having Parliamentarian required by law or Senate Rules.
▫️ Outcome: A successful waiver vote (60 votes) or a new Parliamentarian’s aligned advice lets Thune achieve the override, but it’s dependent on Senate support or his administrative power, not a direct ruling like Vance’s.
▪️ Steps for the Vice President to Override the Parliamentarian
For comparison, here’s how Vance overrides the Parliamentarian:
▫️ Parliamentarian’s Advice: The Parliamentarian says a provision breaks the Byrd Rule.
▫️ Vance’s Ruling: Vance, presiding, rules against the Parliamentarian, declaring the provision is fine.
▫️ Challenge: A senator raises a point of order to challenge Vance’s ruling. You can bet a Senate Dem will challenge.
▫️ Senate Vote: The Senate votes to uphold or reject Vance’s ruling, needing only a simple majority (51 votes, or 50 plus Vance’s tiebreaker). If upheld, the provision stays & a new precedent may be set.
▫️ Outcome: Vance’s override is faster & requires fewer votes (51 vs. 60) than Thune’s approach, as it leverages his presiding authority.
▪️ Why Can’t @LeaderThune Do What @VP Can?
Thune can’t override the Parliamentarian the same way Vance can because their roles differ:
▫️ Vance’s Presiding Power: As President of the Senate, Vance has constitutional authority (Article I, Section 3) to make procedural rulings when presiding, like keeping a provision the Parliamentarian rejects. His ruling can be upheld by a simple majority, making it a direct override.
▫️ Thune’s Political Role: Thune, as Majority Leader, manages the Senate’s agenda, schedules votes & rallies Republicans, but he doesn’t preside or make procedural rulings unless temporarily acting as presiding officer (rare).
To override the Parliamentarian, Thune must rely on Senate votes (60 for a waiver, or 51 to back a VP’s ruling) or the extreme step of replacing the Parliamentarian, which is indirect and riskier.
▫️ Thune’s Institutional Stance: Thune’s vowed not to overrule the Parliamentarian on major bills like Trump’s “megabill” (American Greatness, June 2025), preferring to work within rules like the Byrd bath to avoid setting precedents Democrats could exploit later. Vance, aligned with Trump’s bold agenda, faces less pressure to stick to tradition.
👉🏻▫️ Vote Thresholds: Thune’s override via a waiver needs 60 votes for Byrd Rule issues, harder with 53 Republican seats, while Vance’s ruling needs only 51, giving Vance an easier path.
