|President pro tempore of the U.S. Senate|
January 3, 2007 – June 28, 2010
|Preceded by||Ted Stevens|
|Succeeded by||Dan Inouye|
June 6, 2001 – January 3, 2003
|Preceded by||Strom Thurmond|
|Succeeded by||Ted Stevens|
January 3, 2001 – January 20, 2001
|Preceded by||Strom Thurmond|
|Succeeded by||Strom Thurmond|
January 3, 1989 – January 3, 1995
|Preceded by||John Stennis|
|Succeeded by||Strom Thurmond|
|Chair of the Senate Appropriations Committee|
January 3, 2007 – January 3, 2009
|Preceded by||Thad Cochran|
|Succeeded by||Daniel Inouye|
June 6, 2001 – January 3, 2003
|Preceded by||Ted Stevens|
|Succeeded by||Ted Stevens|
January 3, 1989 – January 3, 1995
|Preceded by||John C. Stennis|
|Succeeded by||Mark Hatfield|
|President pro tempore emeritus of the U.S. Senate|
January 3, 2003 – January 3, 2007
|Preceded by||Strom Thurmond|
|Succeeded by||Ted Stevens|
|Senate Majority Leader|
January 3, 1987 – January 3, 1989
|Preceded by||Bob Dole|
|Succeeded by||George Mitchell|
January 3, 1977 – January 3, 1981
|Preceded by||Mike Mansfield|
|Succeeded by||Howard Baker|
|Senate Minority Leader|
January 3, 1981 – January 3, 1987
|Preceded by||Howard Baker|
|Succeeded by||Bob Dole|
|Senate Majority Whip|
January 3, 1971 – January 3, 1977
|Preceded by||Ted Kennedy|
|Succeeded by||Alan Cranston|
|United States Senator
from West Virginia
January 3, 1959 – June 28, 2010
|Preceded by||Chapman Revercomb|
|Succeeded by||Carte Goodwin|
|Member of the U.S. House of Representatives
from West Virginia's 6th district
January 3, 1953 – January 3, 1959
|Preceded by||Erland Hedrick|
|Succeeded by||John Slack|
|Member of the West Virginia Senate
from the 9th district
December 1, 1950 – December 23, 1952
|Preceded by||Eugene Scott|
|Succeeded by||Jack Nuckols|
|Born||Cornelius Calvin Sale Jr.
November 20, 1917
North Wilkesboro, North Carolina, U.S.
|Died||June 28, 2010
Merrifield, Virginia, U.S.
|Resting place||Columbia Gardens Cemetery|
|Spouse(s)||Erma James (1937–2006)|
|Education||Mountain State University
University of Charleston
Marshall University (BA)
George Washington University
American University (JD)
Robert Carlyle "Bob" Byrd (born Cornelius Calvin Sale Jr.; November 20, 1917 – June 28, 2010) was a United States Senator from West Virginia. A member of the Democratic Party, Byrd served as a U.S. Representative from 1953 until 1959 and as a U.S. Senator from 1959 to 2010. He was the longest-serving Senator in United States history. In addition, he was, at the time of his death, the longest-serving member in the history of the United States Congress, a record later surpassed by Representative John Dingell of Michigan. Byrd was the last remaining member of the U.S. Senate to have served during the presidency of Dwight Eisenhower. Byrd is also the only West Virginian to have served in both houses of the state legislature and both houses of Congress.
Byrd served in the West Virginia House of Delegates from 1947 to 1950, and the West Virginia State Senate from 1950 to 1952. Initially elected to the United States House of Representatives in 1952, Byrd served there for six years before being elected to the Senate in 1958. He rose to become one of the Senate's most powerful members, serving as secretary of the Senate Democratic Caucus from 1967 to 1971 and—after defeating his longtime colleague, Ted Kennedy—as Senate Majority Whip from 1971 to 1977. Over the next three decades, Byrd led the Democratic caucus in numerous roles depending on whether his party held control of the Senate, including Senate Majority Leader, Senate Minority Leader, President pro tempore of the United States Senate and President pro tempore emeritus. As President pro tempore—a position he held four times in his career—he was third in the line of presidential succession, after the Vice President and the Speaker of the House of Representatives.
Serving three different tenures as Chairman of the United States Senate Committee on Appropriations enabled Byrd to steer a great deal of federal money toward projects in West Virginia. Critics derided his efforts as pork barrel spending, while Byrd argued that the many federal projects he worked to bring to West Virginia represented progress for the people of his state. He filibustered against the 1964 Civil Rights Act and supported the Vietnam War, but later renounced racism and segregation, and spoke in opposition to the Iraq War. Renowned for his knowledge of Senate precedent and parliamentary procedure, Byrd wrote a four-volume history of the Senate in later life.
Robert Byrd was born on November 20, 1917 as Cornelius Calvin Sale, Jr. in North Wilkesboro, North Carolina, to Cornelius Calvin Sale Sr. and his wife Ada Mae (Kirby). When he was ten months old, his mother died in the 1918 flu pandemic. In accordance with his mother's wishes, his father dispersed their children among relatives. Calvin Jr. was adopted by his aunt and uncle, Titus and Vlurma Byrd, who changed his name to Robert Carlyle Byrd and raised him in the coal-mining region of southern West Virginia.
On May 29, 1936, Byrd married Erma Ora James (June 12, 1917 – March 25, 2006) who was born to a coal mining family in Floyd County, Virginia. Her family moved to Raleigh County, West Virginia, where she met Byrd when they attended the same high school.
Robert Byrd had two children, Mona Byrd Fatemi and Marjorie Byrd Moore; two sons-in-law, Mohammad Fatemi and Jon Moore; six grandchildren, Erik Byrd Fatemi, Mona Byrd Moore Pearson, Darius Fatemi, Mary Anne Moore Clarkson, Fredrik Fatemi, and Jon Michael Moore (died in an automobile accident in the 1980s); and seven great-grandchildren, Caroline Byrd Fatemi, Emma James Clarkson, Kathryn James Fatemi, Hannah Byrd Clarkson, Michael Yoo Fatemi, Anna Cristina Fatemi, and James Matthew Fatemi.
According to Byrd, a Klan official told him, "You have a talent for leadership, Bob ... The country needs young men like you in the leadership of the nation." Byrd later recalled, "Suddenly lights flashed in my mind! Someone important had recognized my abilities! I was only 23 or 24 years old, and the thought of a political career had never really hit me. But strike me that night, it did." Byrd became a recruiter and leader of his chapter. When it came time to elect the top officer (Exalted Cyclops) in the local Klan unit, Byrd won unanimously.
I shall never fight in the armed forces with a negro by my side ... Rather I should die a thousand times, and see Old Glory trampled in the dirt never to rise again, than to see this beloved land of ours become degraded by race mongrels, a throwback to the blackest specimen from the wilds.
In 1946, Byrd wrote a letter to a Grand Wizard stating, "The Klan is needed today as never before, and I am anxious to see its rebirth here in West Virginia and in every state in the nation." However, when running for the United States House of Representatives in 1952, he announced "After about a year, I became disinterested, quit paying my dues, and dropped my membership in the organization. During the nine years that have followed, I have never been interested in the Klan." He said he had joined the Klan because he felt it offered excitement and was anti-communist.
Byrd later called joining the KKK was "the greatest mistake I ever made." In 1997, he told an interviewer he would encourage young people to become involved in politics but also warned, "Be sure you avoid the Ku Klux Klan. Don't get that albatross around your neck. Once you've made that mistake, you inhibit your operations in the political arena." In his last autobiography, Byrd explained that he was a KKK member because he "was sorely afflicted with tunnel vision—a jejune and immature outlook—seeing only what I wanted to see because I thought the Klan could provide an outlet for my talents and ambitions." Byrd also said in 2005, "I know now I was wrong. Intolerance had no place in America. I apologized a thousand times ... and I don't mind apologizing over and over again. I can't erase what happened."
Byrd worked as a gas station attendant, a grocery store clerk, a shipyard welder during World War II, and a butcher before he won a seat in the West Virginia House of Delegates in 1946, representing Raleigh County from 1947 to 1950. Byrd became a local celebrity after a radio station in Beckley began broadcasting his "fiery fundamentalist lessons." In 1950, he was elected to the West Virginia Senate, where he served from 1951 to 1952.
In 1951, Byrd was among the official witnesses of the execution of Harry Burdette and Fred Painter, which was the first use of the electric chair in West Virginia. In 1965 the state abolished capital punishment, with the last execution having occurred in 1959.
Early in his career Byrd attended Beckley College, Concord College, Morris Harvey College, Marshall College, and George Washington University Law School, and joined the Tau Kappa Epsilon fraternity.
Byrd began night classes at American University Washington College of Law in 1953, while a member of the United States House of Representatives. He received his J.D. cum laude a decade later, by which time he was a U.S. Senator. President John F. Kennedy spoke at the commencement ceremony on June 10, 1963 and presented the graduates their diplomas, including Byrd. Byrd completed law school in an era when undergraduate degrees were not a requirement. He later decided to complete his Bachelor of Arts degree in political science, and in 1994 he graduated summa cum laude from Marshall University.
In 1952, Byrd was elected to the United States House of Representatives for West Virginia's 6th congressional district, succeeding E. H. Hedrick, who retired from the House to make an unsuccessful run for the Democratic nomination for Governor. Byrd was re-elected to the House twice, serving from January 3, 1953 to January 3, 1959. Byrd defeated Republican incumbent W. Chapman Revercomb for the United States Senate in 1958. Revercomb's record supporting civil rights had become an issue, playing in Byrd's favor. Byrd was re-elected to the Senate eight times. He was West Virginia's junior senator for his first four terms; his colleague from 1959 to 1985 was Jennings Randolph, who had been elected on the same day as Byrd's first election in a special election to fill the seat of the late Senator Matthew Neely.
While Byrd faced some vigorous Republican opposition in his career, his last serious electoral opposition occurred in 1982 when he was challenged by freshman Congressman Cleve Benedict. Despite his tremendous popularity in the state, Byrd ran unopposed only once, in 1976. On three other occasions – in 1970, 1994 and 2000 – he won all 55 of West Virginia's counties. In his re-election bid in 2000, he won all but seven precincts. Congresswoman Shelley Moore Capito, the daughter of one of Byrd's longtime foes, former governor Arch Moore, Jr., briefly considered a challenge to Byrd in 2006 but decided against it. Capito's district covered much of the territory Byrd had represented in the U.S. House.
In the 1960 Democratic presidential election primaries, Byrd – a close Senate ally of Lyndon B. Johnson – endorsed and campaigned for Hubert Humphrey over front-runner John F. Kennedy in the state's crucial primary. However, Kennedy won the state's primary and eventually the general election.
Byrd was elected to a record ninth consecutive full Senate term on November 7, 2006. He became the longest-serving senator in American history on June 12, 2006, surpassing Strom Thurmond of South Carolina with 17,327 days of service. On November 18, 2009, Byrd became the longest-serving member in congressional history, with 56 years, 320 days of combined service in the House and Senate, passing Carl Hayden of Arizona. Previously, Byrd had held the record for the longest unbroken tenure in the Senate (Thurmond resigned during his first term and was re-elected seven months later). He is the only senator ever to serve more than 50 years. Including his tenure as a state legislator from 1947 to 1953, Byrd's service on the political front exceeded 60 continuous years. Byrd, who never lost an election, cast his 18,000th vote on June 21, 2007, the most of any senator in history. John Dingell broke Byrd's record as longest-serving member of Congress on June 7, 2013.
Having taken part in the admission of Alaska and Hawaii to the union, Byrd was the last surviving senator to have voted on a bill granting statehood to a U.S. territory. At the time of Byrd's death, fourteen sitting or former members of the Senate had not been born when Byrd's tenure in the Senate began, President Barack Obama among them.
These are the committee assignments for Sen. Byrd's 9th and final term.
Byrd was a member of the wing of the Democratic Party that opposed desegregation and civil rights imposed by the federal government. However, despite his early career in the KKK, Byrd was linked to such senators as John C. Stennis, J. William Fulbright and George Smathers, who based their segregationist positions on their view of states' rights in contrast to senators like James Eastland, who held a reputation as a committed racist.
Byrd joined with Democratic senators to filibuster the Civil Rights Act of 1964, personally filibustering the bill for 14 hours, a move he later said he regretted. Despite an 83-day filibuster in the Senate, both parties in Congress voted overwhelmingly in favor of the Act, and President Johnson signed the bill into law. Byrd also opposed the Voting Rights Act of 1965 but voted for the Civil Rights Act of 1968. In 2005, Byrd told The Washington Post that his membership in the Baptist church led to a change in his views. In the opinion of one reviewer, Byrd, like other Southern and border-state Democrats, came to realize that he would have to temper "his blatantly segregationist views" and move to the Democratic Party mainstream if he wanted to play a role nationally.
Byrd served in the Senate Democratic leadership. He succeeded George Smathers as secretary of the Senate Democratic Conference from 1967 to 1971. He unseated Ted Kennedy in 1971 to become majority whip, or the second highest-ranking Democrat, until 1977. Smathers recalled that, "Ted was off playing. While Ted was away at Christmas, down in the islands, floating around having a good time with some of his friends, male and female, here was Bob up here calling on the phone. 'I want to do this, and would you help me?' He had it all committed so that when Teddy got back to town, Teddy didn't know what hit him, but it was already all over. That was Lyndon Johnson's style. Bob Byrd learned that from watching Lyndon Johnson." Byrd himself had told Smathers that " I have never in my life played a game of cards. I have never in my life had a golf club in my hand. I have never in life hit a tennis ball. I have—believe it or not—never thrown a line over to catch a fish. I don't do any of those things. I have only had to work all my life. And every time you told me about swimming, I don't know how to swim."
In 1976, Byrd was the "favorite son" Presidential candidate in West Virginia's primary. His easy victory gave him control of the delegation to the Democratic National Convention. Byrd had the inside track as majority whip but focused most of his time running for majority leader, more so than for re-election to the Senate, as he was virtually unopposed for his fourth term. By the time the vote for majority leader came, his lead was so secure that his lone rival, Minnesota's Hubert Humphrey, withdrew before the balloting took place. From 1977 to 1989 Byrd was the leader of the Senate Democrats, serving as majority leader from 1977 to 1981 and 1987 to 1989, and as minority leader from 1981 to 1987.
Byrd was well known for steering federal dollars to West Virginia, one of the country's poorest states. He was called the "King of Pork" by Citizens Against Government Waste. After becoming chair of the Appropriations Committee in 1989, Byrd set a goal securing a total of $1 billion for public works in the state. He passed that mark in 1991, and funds for highways, dams, educational institutions and federal agency offices flowed unabated over the course of his membership. More than 30 existing or pending federal projects bear his name. He commented on his reputation for attaining funds for projects in West Virginia in August 2006, when he called himself "Big Daddy" at the dedication for the Robert C. Byrd Biotechnology Science Center. Examples of this ability to claim funds and projects for his state include the Federal Bureau of Investigation's repository for computerized fingerprint records as well as several United States Coast Guard computing and office facilities.
Byrd also was known for using his knowledge of parliamentary procedure. Byrd frustrated Republicans with his encyclopedic knowledge of the inner workings of the Senate, particularly prior to the Reagan Revolution. From 1977 to 1979 he was described as "performing a procedural tap dance around the minority, outmaneuvering Republicans with his mastery of the Senate's arcane rules." In 1988, majority leader Byrd moved a call of the Senate, which was adopted by the majority present, in order to have the Sergeant-at-Arms arrest members not in attendance. One member (Robert Packwood, R-Oregon) was escorted back to the chamber by the Sergeant-at-Arms in order to obtain a quorum.
As the longest-serving Democratic senator, Byrd served as President pro tempore four times when his party was in the majority: from 1989 until the Republicans won control of the Senate in 1995; for 17 days in early 2001, when the Senate was evenly split between parties and outgoing Vice President Al Gore broke the tie in favor of the Democrats; when the Democrats regained the majority in June 2001 after Senator Jim Jeffords of Vermont left the Republican Party to become an independent; and again from 2007 to his death in 2010, as a result of the 2006 Senate elections. In this capacity, Byrd was third in the line of presidential succession at the time of his death, behind Vice President Joe Biden and House Speaker Nancy Pelosi.
In 1969, Byrd launched a Scholastic Recognition Award; he also began to present a savings bond to valedictorians from high schools—public and private—in West Virginia. In 1985 Congress approved the nation's only merit-based scholarship program funded through the U.S. Department of Education, a program which Congress later named in Byrd's honor. The Robert C. Byrd Honors Scholarship Program initially comprised a one-year, $1,500 award to students with "outstanding academic achievement" who had been accepted at a college or university. In 1993, the program began providing four-year scholarships.
In 2002 Byrd secured unanimous approval for a major national initiative to strengthen the teaching of "traditional American history" in K-12 public schools. The Department of Education competitively awards $50 to $120 million a year to school districts (in amounts of about $500,000 to $1 million). The money goes to teacher training programs that are geared to improving the knowledge of history teachers. The Continuing Appropriations Act, 2011 eliminated funding for the Robert C. Byrd Honors Scholarship Program.
Television cameras were first introduced to the House of Representatives on March 19, 1979, by C-SPAN. Unsatisfied that Americans only saw Congress as the House of Representatives, Byrd and others pushed to televise Senate proceedings to prevent the Senate from becoming the "invisible branch" of government, succeeding in June 1986.
|Booknotes interview with Byrd on The Senate: 1789–1989, June 18, 1989, C-SPAN|
To help introduce the public to the inner workings of the legislative process, Byrd launched a series of one hundred speeches based on his examination of the Roman Republic and the intent of the Framers. Byrd published a four-volume series on Senate history: The Senate: 1789–1989: Addresses on the History of the Senate. The first volume won the Henry Adams Prize of the Society for History in the Federal Government as "an outstanding contribution to research in the history of the Federal Government." He also published The Senate of the Roman Republic: Addresses on the History of Roman Constitutionalism.
In 2004, Byrd received the American Historical Association's first Theodore Roosevelt-Woodrow Wilson Award for Civil Service; in 2007, Byrd received the Friend of History Award from the Organization of American Historians. Both awards honor individuals outside the academy who have made a significant contribution to the writing and/or presentation of history. In 2014, The Byrd Center for Legislative Studies began assessing the archiving of Senator Byrd's electronic correspondence and floor speeches in order to preserve these documents and make them available to the wider community.
On July 19, 2007, Byrd gave a 25-minute speech in the Senate against dog fighting, in response to the indictment of football player Michael Vick. In recognition of the speech, People for the Ethical Treatment of Animals named Byrd their 2007 Person of the Year.
For 2007, Byrd was deemed the fourteenth-most powerful senator, as well as the twelfth-most powerful Democratic senator.
On May 19, 2008, Byrd endorsed Barack Obama (D-Illinois). One week after the West Virginia Democratic Primary, in which Hillary Clinton defeated Obama by 41 to 32 per cent, Byrd said, "Barack Obama is a noble-hearted patriot and humble Christian, and he has my full faith and support." When asked in October 2008 about the possibility that the issue of race would influence West Virginia voters, as Obama is an African-American, Byrd replied, "Those days are gone. Gone!" Obama lost West Virginia (by 13%) but won the election.
On January 26, 2009, Byrd was one of three Democrats to vote against the confirmation of Timothy Geithner as United States Secretary of the Treasury (along with Russ Feingold of Wisconsin and Tom Harkin of Iowa).
On February 26, 2009, Byrd was one of two Democrats to vote against the District of Columbia House Voting Rights Act of 2009, which if it had become law would have added a voting seat in the United States House of Representatives for the District of Columbia and add a seat for Utah, explaining that he supported the intent of the legislation, but regarded it as an attempt to solve with legislation an issue which required resolution with a Constitutional amendment. (Democrat Max Baucus of Montana also cast a "nay" vote.)
Although his health was poor, Byrd was present for every crucial vote during the December 2009 Senatorial healthcare debate; his vote was necessary so Democrats could obtain cloture to break a Republican filibuster. At the final vote on December 24, 2009, Byrd referenced recently deceased Senator Ted Kennedy, a devoted proponent, when casting his vote: "Mr. President, this is for my friend Ted Kennedy! Aye!"
Byrd initially compiled a mixed record on the subjects of race relations and desegregation. While he initially voted against civil rights legislation, in 1959 he hired one of the Capitol's first black congressional aides, and he also took steps to integrate the United States Capitol Police for the first time since Reconstruction. Beginning in the 1970s, Byrd explicitly renounced his earlier views favoring racial segregation. Byrd said that he regretted filibustering and voting against the Civil Rights Act of 1964 and would change it if he had the opportunity. Byrd also said that his views changed dramatically after his teenage grandson was killed in a 1982 traffic accident, which put him in a deep emotional valley. "The death of my grandson caused me to stop and think," said Byrd, adding he came to realize that African-Americans love their children as much as he does his. During debate in 1983 over the passage of the law creating the Martin Luther King Jr. Day holiday, which some conservatives opposed, Byrd grasped the symbolism of the day and its significance to his legacy, telling members of his staff "I'm the only one in the Senate who must vote for this bill".
Byrd was the only senator to vote against confirming both Thurgood Marshall and Clarence Thomas to the United States Supreme Court, the only two African-American nominees. In Marshall's case, Byrd asked FBI Director J. Edgar Hoover to look into the possibility that Marshall had either connections to communists or a communist past. With respect to Thomas, Byrd stated that he was offended by Thomas' use of the phrase "high-tech lynching of uppity blacks" in his defense and that he was "offended by the injection of racism" into the hearing. He called Thomas' comments a "diversionary tactic" and said "I thought we were past that stage." Regarding Anita Hill's sexual harassment charges against Thomas, Byrd supported Hill. Byrd joined 45 other Democrats in voting against confirming Thomas to the Supreme Court.
In a March 4, 2001 interview with Tony Snow, Byrd said of race relations:
They're much, much better than they've ever been in my life-time ... I think we talk about race too much. I think those problems are largely behind us ... I just think we talk so much about it that we help to create somewhat of an illusion. I think we try to have good will. My old mom told me, 'Robert, you can't go to heaven if you hate anybody.' We practice that. There are white niggers. I've seen a lot of white niggers in my time, if you want to use that word. We just need to work together to make our country a better country, and I'd just as soon quit talking about it so much.
Byrd's use of the term "white nigger" created immediate controversy. When asked about it, Byrd responded,
I apologize for the characterization I used on this program ... The phrase dates back to my boyhood and has no place in today's society ... In my attempt to articulate strongly held feelings, I may have offended people.
For the 2003–2004 session, the National Association for the Advancement of Colored People (NAACP) rated Byrd's voting record as being 100% in line with the N.A.A.C.P.'s position on the thirty-three Senate bills they evaluated. Sixteen other senators received that rating. In June 2005, Byrd proposed an additional $10,000,000 in federal funding for the Martin Luther King, Jr. National Memorial in Washington, D.C., remarking that, "With the passage of time, we have come to learn that his Dream was the American Dream, and few ever expressed it more eloquently." Upon news of his death, the NAACP released a statement praising Byrd, saying that he "became a champion for civil rights and liberties" and "came to consistently support the NAACP civil rights agenda".
Byrd initially said that the impeachment proceedings against Clinton should be taken seriously. Although he harshly criticized any attempt to make light of the allegations, he made the motion to dismiss the charges and effectively end the matter. Even though he voted against both articles of impeachment, he was the sole Democrat to vote to censure Clinton.
Byrd strongly opposed Clinton's 1993 efforts to allow gays to serve in the military and supported efforts to limit gay marriage. In 1996, before the passage of the Defense of Marriage Act, he said, "The drive for same-sex marriage is, in effect, an effort to make a sneak attack on society by encoding this aberrant behavior in legal form before society itself has decided it should be legal. [...] Let us defend the oldest institution, the institution of marriage between male and female as set forth in the Holy Bible."
Despite his previous position, he later stated his opposition to the Federal Marriage Amendment and argued that it was unnecessary because the states already had the power to ban gay marriages. However, when the amendment came to the Senate floor, he was one of the two Democratic senators who voted in favor of cloture.
In 1995, Byrd voted against a ban on intact dilation and extraction, a late-term abortion procedure typically referred to by its opponents as "partial-birth abortion". In 2003, however, he voted for the Partial-Birth Abortion Ban Act, which prohibits intact dilation and extraction. Byrd also voted against the 2004 Unborn Victims of Violence Act, which recognizes a "child in utero" as a legal victim if he or she is injured or killed during the commission of a crime of violence.
Byrd praised the nomination of John G. Roberts to fill the vacancy on the Supreme Court created by the death of Chief Justice William Rehnquist. Likewise, Byrd supported the confirmation of Samuel Alito to replace retiring Associate Justice Sandra Day O'Connor.
Like most Democrats, Byrd opposed Bush's tax cuts and his proposals to change the Social Security program.
He also led the opposition to Bush's bid to win back the power to negotiate trade deals that Congress cannot amend, but lost overwhelmingly. In the 108th Congress, however, Byrd won his party's top seat on the new Homeland Security Appropriations Subcommittee.
In July 2004, Byrd released the New York Times best-selling book Losing America: Confronting a Reckless and Arrogant Presidency, which criticized the Bush presidency and the war in Iraq.
Byrd led a filibuster against the resolution granting President George W. Bush broad power to wage a "preemptive" war against Iraq, but he could not get even a majority of his own party to vote against cloture.
Byrd was one of the Senate's most outspoken critics of the 2003 invasion of Iraq.
Byrd anticipated the difficulty of fighting an insurgency in Iraq, stating on March 13, 2003,
If the United States leads the charge to war in the Persian Gulf, we may get lucky and achieve a rapid victory. But then we will face a second war: a war to win the peace in Iraq. This war will last many years and will surely cost hundreds of billions of dollars. In light of this enormous task, it would be a great mistake to expect that this will be a replay of the 1991 war. The stakes are much higher in this conflict.
On March 19, 2003, when Bush ordered the invasion after receiving congressional approval, Byrd said,
Today I weep for my country. I have watched the events of recent months with a heavy, heavy heart. No more is the image of America one of strong, yet benevolent peacekeeper. The image of America has changed. Around the globe, our friends mistrust us, our word is disputed, our intentions are questioned. Instead of reasoning with those with whom we disagree, we demand obedience or threaten recrimination.
Byrd also criticized Bush for his speech declaring the "end of major combat operations" in Iraq, which Bush made on the U.S.S. Abraham Lincoln. Byrd stated on the Senate floor,
I do not begrudge his salute to America's warriors aboard the carrier Lincoln, for they have performed bravely and skillfully, as have their countrymen still in Iraq. But I do question the motives of a deskbound president who assumes the garb of a warrior for the purposes of a speech.
On October 17, 2003, Byrd delivered a speech expressing his concerns about the future of the nation and his unequivocal antipathy to Bush's policies. Referencing the Hans Christian Andersen children's tale The Emperor's New Clothes, Byrd said of the president: "the emperor has no clothes." Byrd further lamented the "sheep-like" behavior of the "cowed Members of this Senate" and called on them to oppose the continuation of a "war based on falsehoods."
Byrd accused the Bush administration of stifling dissent:
The right to ask questions, debate, and dissent is under attack. The drums of war are beaten ever louder in an attempt to drown out those who speak of our predicament in stark terms. Even in the Senate, our history and tradition of being the world's greatest deliberative body is being snubbed. This huge spending bill—$87 billion—has been rushed through this chamber in just one month. There were just three open hearings by the Senate Appropriations Committee on $87 billion—$87 for every minute since Jesus Christ was born—$87 billion without a single outside witness called to challenge the administration's line.
Of the more than 18,000 votes he cast as a senator, Byrd said he was proudest of his vote against the Iraq war resolution. Byrd also voted to tie a timetable for troop withdrawal to war funding.
On May 23, 2005, Byrd was one of 14 senators (who became known as the "Gang of 14") to forge a compromise on the judicial filibuster, thus securing up and down votes for many judicial nominees and ending the threat of the so-called nuclear option that would have eliminated the filibuster entirely. Under the agreement, the senators retained the power to filibuster a judicial nominee in only an "extraordinary circumstance." It ensured that the appellate court nominees (Janice Rogers Brown, Priscilla Owen and William Pryor) would receive votes by the full Senate.
Byrd opposed the Flag Desecration Amendment, saying that, while he wanted to protect the American flag, he believed that amending the Constitution "is not the most expeditious way to protect this revered symbol of our Republic." As an alternative, Byrd cosponsored the Flag Protection Act of 2005 (S. 1370), a bill to prohibit destruction or desecration of the flag by anyone trying to incite violence or causing a breach of the peace, or who steals, damages, or destroys a flag on federal property, whether owned by the federal government or a private group or individual—can be imprisoned, fined or both. The bill did not pass.
In 2009, Byrd was one of three Democrats to oppose the confirmation of Secretary of the Treasury Timothy Geithner. After missing nearly two months while in hospital, Byrd returned to the Senate floor on July 21 to vote against the elimination of funding for the F-22 fighter plane.
Byrd received a 65% vote rating from the League of Conservation Voters for his support of environmentally friendly legislation. Additionally, he received a "liberal" rating of 65.5% by the National Journal—higher than six other Democratic senators.
On January 20, 2009, Senator Ted Kennedy suffered a seizure during Barack Obama's inaugural luncheon and was taken away in an ambulance. Byrd, seated at the same table, became distraught and was himself removed to his office. Byrd's office reported that he was fine. On May 18, Byrd was admitted to the hospital after experiencing a fever due to a "minor infection", prolonged by a staphylococcus aureus infection. Byrd was released on June 30, 2009.
Byrd's final hospital stay began on June 27, 2010, at Inova Fairfax Hospital in Fairfax County, Virginia. He died at approximately 3 a.m. EDT the next day at age 92 from natural causes.
Vice President Joe Biden recalled Byrd's standing in the rain with him as Biden buried his daughter when Biden had just been elected to the Senate. He called Byrd "a tough, compassionate, and outspoken leader and dedicated above all else to making life better for the people of the Mountain State." President Barack Obama said, "His profound passion for that body and its role and responsibilities was as evident behind closed doors as it was in the stemwinders he peppered with history. He held the deepest respect of members of both parties, and he was generous with his time and advice, something I appreciated greatly as a young senator." Senator Jay Rockefeller, who had served with Byrd since 1985, said, "I looked up to him, I fought next to him, and I am deeply saddened that he is gone." Former President Jimmy Carter noted, "He was my closest and most valuable adviser while I served as president. I respected him and attempted in every way to remain in his good graces. He was a giant among legislators, and was courageous in espousing controversial issues."
On July 1, 2010, Byrd lay in repose on the Lincoln Catafalque in the Senate chamber of the United States Capitol, becoming the first Senator to do so since his first year in the Senate, 1959. Byrd was then flown to Charleston, West Virginia, where he lay in repose in the Lower Rotunda of the West Virginia State Capitol.
A funeral was held on July 2, 2010, on the grounds of the State Capitol where Byrd was eulogized by President Barack Obama, Vice President Joe Biden, Governor Joe Manchin, Senate Majority Leader Harry Reid, Senate Minority Leader Mitch McConnell, Speaker of the House of Representatives Nancy Pelosi, Senator Jay Rockefeller, Congressman Nick Rahall, Victoria Reggie Kennedy, and former President Bill Clinton. After the funeral services in Charleston, his body was returned to Arlington, Virginia, for funeral services on July 6, 2010, at Memorial Baptist Church. After the funeral in Arlington, Byrd was buried next to his wife Erma at Columbia Gardens Cemetery in Arlington, although family members have stated that both the senator and Mrs. Byrd will be reinterred somewhere in West Virginia once a site is determined.
The song "Take Me Home, Country Roads" was played at the end of the funeral in a bluegrass fashion as his casket was being carried back up the stairs and into the West Virginia State Capitol Building.
On September 30, 2010, Congress appropriated $193,400 to be paid equally among Byrd's children and grandchildren, representing the salary he would have earned in the next fiscal year, a common practice when members of Congress die in office.
Multiple political figures issued statements following Byrd's death:
Byrd had a prominent role in the 2008 Warner Bros. documentary Body of War directed by Phil Donahue. The film chronicles the life of Tomas Young, paralyzed from the chest down after a sniper shot him as he was riding in a vehicle in Iraq. Several long clips of Byrd show him passionately arguing against authorizing the use of force in Iraq. Later in the movie, Byrd has a one-on-one interview with Tomas Young in Byrd's Senate office, followed by a shot of Byrd walking beside the wheelchair-bound Young as they leave the Capitol.
Byrd was an avid fiddle player for most of his life, starting in his teens when he played in various square dance bands. Once he entered politics, his fiddling skills attracted attention and won votes. In 1978 when Byrd was Majority Leader, he recorded an album called U.S. Senator Robert Byrd: Mountain Fiddler (County, 1978). Byrd was accompanied by Country Gentlemen Doyle Lawson, James Bailey, and Spider Gilliam. Most of the LP consists of bluegrass music. Byrd covers "Don't Let Your Sweet Love Die," a Zeke Manners song, and "Will the Circle Be Unbroken". He had performed at the Kennedy Center, on the Grand Ole Opry and on Hee Haw. He occasionally took a break from Senate business to entertain audiences with his fiddle. He stopped playing in 1982 when the symptoms of a benign essential tremor had begun to affect the use of his hands.
In 2002, the Robert C. Byrd Center for Legislative Studies (CLS) was opened on the campus of Shepherd University. Adjoining the University's Ruth Scarborough Library, the CLS "advances representative democracy by promoting a better understanding of the United States Congress and the Constitution through programs and research that engage citizens." The CLS is an archival research facility, housing the papers of Senator Robert C. Byrd in addition to the papers of Congressmen Harley O. Staggers, Sr. and Harley O. Staggers, Jr., and Scot Faulkner, the first Chief Administrative Officer of the United States House of Representatives. The CLS is a founding institution of the Association of Centers for the Study of Congress, "an independent alliance of organizations and institutions which promote the study of the U.S. Congress." 
|url=value (help). United States Senate Democratic Policy Committee Vote Information Office. January 3, 2009
|83rd||Senate: H. Kilgore • M. Neely||House: H. Staggers Sr. • C. Bailey • E. Kee • R. Byrd • B. Mollohan • W. Neal|
|84th||Senate: H. Kilgore • M. Neely • W. Laird III • C. Revercomb||House: H. Staggers Sr. • C. Bailey • E. Kee • R. Byrd • B. Mollohan • M. Burnside|
|85th||Senate: M. Neely • C. Revercomb • J. Hoblitzell Jr. • J. Randolph||House: H. Staggers Sr. • C. Bailey • E. Kee • R. Byrd • A. Moore Jr. • W. Neal|
|86th||Senate: J. Randolph • R. Byrd||House: H. Staggers Sr. • C. Bailey • E. Kee • A. Moore Jr. • K. Hechler • J. Slack Jr.|
|87th||Senate: J. Randolph • R. Byrd||House: H. Staggers Sr. • C. Bailey • E. Kee • A. Moore Jr. • K. Hechler • J. Slack Jr.|
|88th||Senate: J. Randolph • R. Byrd||House: H. Staggers Sr. • E. Kee • A. Moore Jr. • K. Hechler • J. Slack Jr.|
|89th||Senate: J. Randolph • R. Byrd||House: H. Staggers Sr. • A. Moore Jr. • K. Hechler • J. Slack Jr. • J. Kee|
|90th||Senate: J. Randolph • R. Byrd||House: H. Staggers Sr. • A. Moore Jr. • K. Hechler • J. Slack Jr. • J. Kee|
|91st||Senate: J. Randolph • R. Byrd||House: H. Staggers Sr. • K. Hechler • J. Slack Jr. • J. Kee • B. Mollohan|
|92nd||Senate: J. Randolph • R. Byrd||House: H. Staggers Sr. • K. Hechler • J. Slack Jr. • J. Kee • B. Mollohan|
|93rd||Senate: J. Randolph • R. Byrd||House: H. Staggers Sr. • K. Hechler • J. Slack Jr. • B. Mollohan|
|94th||Senate: J. Randolph • R. Byrd||House: H. Staggers Sr. • K. Hechler • J. Slack Jr. • B. Mollohan|
|95th||Senate: J. Randolph • R. Byrd||House: H. Staggers Sr. • J. Slack Jr. • B. Mollohan • N. Rahall|
|96th||Senate: J. Randolph • R. Byrd||House: H. Staggers Sr. • J. Slack Jr. • B. Mollohan • N. Rahall • J. Hutchinson|
|97th||Senate: J. Randolph • R. Byrd||House: B. Mollohan • N. Rahall • C. Benedict • M. Staton|
|98th||Senate: J. Randolph • R. Byrd||House: N. Rahall • A. Mollohan • H. Staggers Jr. • B. Wise|
|99th||Senate: R. Byrd • J. Rockefeller||House: N. Rahall • A. Mollohan • H. Staggers Jr. • B. Wise|
|100th||Senate: R. Byrd • J. Rockefeller||House: N. Rahall • A. Mollohan • H. Staggers Jr. • B. Wise|
|101st||Senate: R. Byrd • J. Rockefeller||House: N. Rahall • A. Mollohan • H. Staggers Jr. • B. Wise|
|102nd||Senate: R. Byrd • J. Rockefeller||House: N. Rahall • A. Mollohan • H. Staggers Jr. • B. Wise|
|103rd||Senate: R. Byrd • J. Rockefeller||House: N. Rahall • A. Mollohan • B. Wise|
|104th||Senate: R. Byrd • J. Rockefeller||House: N. Rahall • A. Mollohan • B. Wise|
|105th||Senate: R. Byrd • J. Rockefeller||House: N. Rahall • A. Mollohan • B. Wise|
|106th||Senate: R. Byrd • J. Rockefeller||House: N. Rahall • A. Mollohan • B. Wise|
|107th||Senate: R. Byrd • J. Rockefeller||House: N. Rahall • A. Mollohan • S. Capito|
|108th||Senate: R. Byrd • J. Rockefeller||House: N. Rahall • A. Mollohan • S. Capito|
|109th||Senate: R. Byrd • J. Rockefeller||House: N. Rahall • A. Mollohan • S. Capito|
|110th||Senate: R. Byrd • J. Rockefeller||House: N. Rahall • A. Mollohan • S. Capito|
|111th||Senate: R. Byrd • J. Rockefeller • C. Goodwin • J. Manchin||House: N. Rahall • A. Mollohan • S. Capito|