Elizabeth MacDonough, the current U.S. Senate parliamentarian, doesn’t think we should have nice things. That is her right. It is also within our power to ignore her.

The Senate parliamentarian serves as the foremost advisor to the Senate on matters of parliamentary procedure. Most people have no idea that there is such an office. The role is not set forth in the Constitution, and we certainly don’t hold elections for who fills it. If you are like most, it would likely shock you to hear that this unaccountable position is one of the most powerful in the entire country. Or, to be more precise, it is as long as we allow it to be. 

The Senate is currently debating President Biden’s Build Back Better Act, a $3.5 trillion spending bill which seeks to deliver on countless Democratic flagship programs. In order to avoid death-by-filibuster, it will have to be passed through a process known as budget reconciliation, which only requires a simple Senate majority. Unfortunately, there is a litany of arcane and ill-defined rules on what can and can’t be included in such a bill. Who gets the final say? One Elizabeth MacDonough.

On Sept. 19, MacDonough sent shockwaves by ruling that immigration reform cannot be included in the reconciliation bill. Since there is little chance that any meaningful immigration reform could muster enough votes to pass in a non-reconciliation setting, this decision effectively kills any hope for a reasonable path to citizenship during the current administration. This tragedy is unfortunately not the first of its kind. In February, MacDonough similarly ruled that a $15 minimum wage could not be included in the COVID-19 stimulus package. Just like that, it was off the bill.

This begs the question: Why should one unelected official have so much power? Why should a single bureaucrat have the authority to deny millions a chance at citizenship or a living wage with the casual stroke of a pen? The answer is, they don’t! The office of Senate parliamentarian is an advisory role. As in, her judgements are not enforceable in any capacity. What’s more, MacDonough ultimately serves at the pleasure of Kamala Harris, the president of the Senate. Thus, she can easily be dismissed and replaced with someone more amenable. This would not be an unprecedented move: The same Senate Republicans now hand-wringing over parliamentary procedure themselves fired the parliamentarian in 2001. A simple solution to a painfully simple problem. 

In the wake of MacDonough’s catastrophic rulings, some Democrats are eager to cut the proverbial Gordian knot. Take our very own Congresswoman Cori Bush, who has called for the Parliamentarian to be overruled: “The Senate Parliamentarian’s advice is just that — advice. While we live in unprecedented times, disregarding the advisory opinion of the Senate Parliamentarian would not be an unprecedented step.” She is absolutely right. The people of America have voted for a Democratic Senate, House and Presidency. It is now incumbent upon the Democrats to deliver. Twenty years ago, when the Republicans had a narrow opportunity to advance their agenda, they steamrolled the Parliamentarian without hesitation. If President Biden and the Democratic leadership truly believe in change, they have an unambiguous responsibility to do the same.

Joe Biden wants to claim the legacy of the New Deal. But the passing of FDR’s economic agenda was characterized by brazen rule-breaking, not mindless institution-worship. When the Supreme Court threatened to strike down the New Deal, FDR shamelessly coerced them into submission. That type of grit, ugly as it may be, is what it takes to fundamentally change a country in gridlock. In contrast, Joe Biden chooses to be thwarted by the utterly non-binding opinions of a single Senate rules expert. This fact does not bode well for our collective future. The Democrats don’t want you to believe that they have the power to pass a $15 minimum wage or a humans-first immigration policy. But they do. They are letting the parliamentarian tell them no, and you should never forget that.

Understandably, Joe Biden and his party want to show that they believe in institutions and play by established rules. But how much can be reasonably sacrificed in service of that ultimately superficial goal? In the year 2021, we face more crises than ever before. Our response to the colossal challenges of this era will not be determined by who is most elegant in their methods, but by who is willing to be most ruthless. As both literal and figurative sea levels continue to rise, the Democrats must decide once and for all between proceduralism and progress. In the former case, I advise them to find a dry and elevated place for their cherished pieces of paper.