WASHINGTON – As president-elect Donald Trump moves to establish a stronger presidency than in his first term, he picks loyalists for his cabinet and considers a tool known as recess appointments to bypass Senate confirmations for even some of the most powerful positions in the US government.

Over the weekend, Trump asked Senate Republican leaders, who will hold the majority in the chamber next year, to agree to allow recess appointments. It would be a significant power shift out of the Senate, but Trump returns to Washington with near-total support from his party, including the more traditional Republicans who still hold sway in the chamber.

However, their commitment is being tested now that Trump has turned to elected people outside the Republican Party mainstream, such as former representatives. Matt Gaetz from Florida and Tulsi Gabbard of Hawaii for top positions.

It quickly became apparent Wednesday that figures like Gaetz, whom Trump has announced as his pick for attorney general, could struggle to get majority support from the Senate, even if the Republicans will be happy a majority of 53 seats. But that may not matter if Trump is able to use recess appointments.

How do break schedules work?

The Senate, as established by the US Constitution, has an important role in confirming or rejecting high-level officials such as Cabinet positions, judges, and ambassadors. It is part of the checks and balances of government that ensure the president does not end up ruling unilaterally. However, there is a clause in the Constitution that allows presidents to complete their administrations while the Senate is in recess.

During the nation’s early history, Congress would take months-long recesses from Washington, and presidents could use recess appointments to avoid an important job going unfilled. But more recently, the recess appointment process has been featured in partisan battles with the president.

President Bill Clinton made 139 recess appointments and President George W. Bush made 171, though neither used the process for senior Cabinet positions, according to the Congressional Research Service. President Barack Obama tried to continue the practice, using it 32 times, but a 2014 Supreme Court ruling puts a check on the president’s power to make recess appointments.

The Supreme Court unanimously ruled that the Senate must adjourn or adjourn for 10 days before a president can make unilateral appointments. This has led to a practice where the Senate — even during week-long recesses from Washington — still holds pro-forma sessions in which a senator opens and closes the chamber, but no legislative business takes place.

The House also has some power over recess appointments, refusing to allow the Senate to adjourn.

Why is Trump asking for recess appointments?

Trump aims to be a much stronger and more powerful president than perhaps any of them before him.

While still president in 2020, Trump threatened to use recess appointments after Democrats slowed the Senate to confirm their nominees. He has threatened to use a presidential power in the Constitution to adjourn both houses of Congress on “extraordinary occasions” and when there is disagreement between the House and Senate over adjournment.

When Trump becomes president again next year, he will work with Republicans who hold the House and Senate majorities and promise to support his agenda. But the request for recess appointments allows Trump to flex his political power and potentially push through the most contentious choices for his administration.

Senator John Thune, who was chosen as the next Senate Majority Leader this week, is committed to maintaining “an aggressive schedule until his nominees are confirmed.” Thune, a Republican from South Dakota, isn’t taking any dates off the table.

To allow Trump to make the appointments, Republican senators would have to pass an adjournment motion with a simple majority vote, though Democrats would likely do everything in their power to prevent that. It’s also unclear whether such a move would be fully supported by GOP senators.

Would recess appointments work?

It is not clear. Gaetz’s and Gabbard’s announcements this week livened up the Senate, with some GOP senators issuing reminders of the importance of their “advise and consent” role in picking the president’s cabinet.

Republican Sen. John Cornyn, who days earlier suggested he might be open to allowing Trump to make recess appointments as he ran unsuccessfully for Senate leader, told reporters Thursday: “Obviously, I don’t think he would we have to get around the responsibilities of the Senate, but I think it’s premature to talk about recess appointments right now.”

However, there are very few, if any, Republicans left who dare to openly defy Trump. GOP senators plan to begin hearings on Trump’s cabinet nominees as soon as the new Congress begins on Jan. 3.