It is a tactic that presidents do not often use for their whole administrations, but it would enable Trump to avoid Senate confirmation and a possible blockade from centrist Republicans.

Getting on board with the tactic was a prerequisite he had for supporting whoever took over Sen. Mitch McConnell’s (R-KY) role as the next Senate Republican leader. McConnell has been the GOP leader in the upper chamber for the last 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 LEADERSHIP position in the United States Senate must agree to Recess Appointments,” Trump posted on Truth Social, adding that he wants positions filled “IMMEDIATELY!”

What are recess appointments?

Presidents are allowed to appoint several government employees and advisers to their positions without input from any other branch or body weighing in on the decision.

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

Cabinet secretaries, on the other hand, must be nominated 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 their positions.

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

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

Precedent for recess appointments

Trump is the first president to demand unfettered access to recess appointments, according to Senate historian Katherine Scott, but he would not 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, 99 of which were full-time.

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

Recess appointments and a Senate majority

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

He raised eyebrows with his nomination of veteran and Fox News host Pete Hegseth for secretary of defense. 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.

On Thursday, he nominated Robert F. Kennedy Jr. to run the Department of Health and Human Services.

Having Republicans in control of the Senate by a comfortable margin will make Trump’s job of appointing Cabinet secretaries easier than if he had to square off against Democrats. But picks such as 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 the announcement” of Gaetz on Wednesday, and Sen. Lisa Murkowski (R-AK) said, “I don’t think it’s a serious nomination for the attorney general.”

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

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

Congress could resist with a pro-forma session to block appointments.