It’s a tactic presidents don’t often use for all of their administrations, but it would allow Trump to avoid Senate confirmation and a possible block from centrist Republicans.

Adherence to the tactic was a prerequisite for supporting whoever took over for Sen. Mitch McConnell (R-KY) as the next Senate Republican leader. McConnell has been the GOP leader in the upper chamber for the past 18 years, both while his party was in control and when it was relegated to the minority. Sen. John Thune (R-SD) was the winner of the three-way contest that also involved Sens. Rick Scott (R-FL) and John Cornyn (R-TX). All three men said they would agree to allow recess appointments throughout Trump’s term.

“Any Republican Senator seeking the coveted position of LEADERSHIP in the United States Senate must agree to Recess Appointments,” Trump posted on Truth Social, adding that he wanted the positions filled “IMMEDIATELY!”

What are break schedules?

Presidents are allowed to appoint more government employees and advisers to their posts without the participation of any other branch or body influencing the decision.

For example, Trump’s picks of Tom Homan as his “border czar” and Stephen Miller as deputy chief of staff for policy are advisory roles that do not require Senate confirmation.

Cabinet secretaries, on the other hand, must be appointed by the president and confirmed by the Senate. A simple majority is enough to confirm a nominee, but the Senate is allowed to hold hearings, conduct research, and question nominees before confirming them to office.

Recess appointments would allow Trump to appoint his nominees while the Senate is not in session, bypassing the confirmation process.

Because the Senate is not always in session, presidents have been allowed to appoint people to office without the advice and consent of the chamber. However, anyone so appointed can only serve until the end of the next session of the Senate.

Precedent for recess appointments

Trump is the first president to demand unfettered access to recess appointments, according to Senate historian Katherine Scott, but he wouldn’t be the first commander in chief to take advantage of recess appointments as they come to him.

Barack Obama made 32 recess appointments to full-time positions while he was president. President Bill Clinton made 139 appointments, 95 of which were to full-time positions, and President George W. Bush made 171 recess appointments, of which 99 were full-time.

After the Supreme Court ruled in 2012 that Obama exceeded his constitutional authority, presidents can appoint nominees only after the Senate has been in recess for at least 10 days.

Recess appointments and a majority in the Senate

Even though Trump has a 53-47 Republican majority in the Senate, some of his nominations have already sparked considerable controversy.

He raised eyebrows with veteran and Fox News host Pete Hegseth’s nomination for defense secretary. The shock of that announcement wore off the next day when he nominated former Rep. Tulsi Gabbard for director of national intelligence and Rep. Matt Gaetz (R-FL) for attorney general.

Thursday, he nominated Robert F. Kennedy Jr. will lead the Department of Health and Human Services.

With Republicans in control of the Senate by a comfortable margin, Trump will make Trump’s job of appointing Cabinet secretaries easier than if he had to face Democrats. But picks like Gaetz and Kennedy could still be problematic.

Some Senate Republicans have already sounded the alarm about Gaetz in particular.

Sen. Susan Collins (R-ME) said she was “shocked by Gaetz’s announcement” on Wednesday, and Sen. Lisa Murkowski (R-AK) said, “I don’t think this is a serious nomination for attorney general. “

“I can name five to 10 (Senate) Republicans who are seriously considering voting against this nomination and are insisting that there be a vote,” said Sen. Richard Blumenthal (D-CT).

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A recess appointment of Gaetz would prevent a vote he might not win and get him into the administration without much trouble.

Congress could hold out with a pro-forma session to block the appointments.