Power-hungry presidents of both parties have been concocting ways to get around Congress for all of American history. But as Donald Trump prepares to take office again, legal experts are worried he could make the legislative branch go away altogether—at least for a while.

Several of Trump’s early Cabinet nominees—including Representative Matt Gaetz of Florida, Robert F. Kennedy Jr., and former Representative Tulsi Gabbard of Hawaii—have drawn widespread condemnation for their outlandish political views and lack of conventional qualifications. Their critics include some Senate Republicans tasked with voting on their confirmation. Anticipating resistance, Trump has already begun pressuring Senate GOP leaders, who will control the chamber next year, to allow him to install his picks by recess appointment, a method that many presidents have used.

The incoming Senate majority leader, John Thune of South Dakota, has said that “all options are on the table, including recess appointments,” for overcoming Democratic opposition to Trump’s nominees. But Democrats aren’t Trump’s primary concern; they won’t have the votes to stop nominees on their own. What makes Trump’s interest in recess appointments unusual is that he is gearing up to use them in a fight against his own party.

[Read: The perverse logic of Trump’s nomination circus]

If Senate Republicans block his nominees, Trump could partner with the GOP-controlled House and invoke a never-before-used provision of the Constitution to force Congress to adjourn “until such time as he shall think proper.” The move would surely prompt a legal challenge, which the Supreme Court might have to decide, setting up a confrontation that would reveal how much power both Republican lawmakers and the Court’s conservative majority will allow Trump to seize.

“None of this has ever been tested or determined by the courts,” Matthew Glassman, a senior fellow at Georgetown University’s Government Affairs Institute, told me. If Trump tries to adjourn Congress, Glassman said, he would be “pushing the very boundaries of the separation of powers in the United States.” Although Trump has not spoken publicly about using the provision, Ed Whelan, a conservative lawyer well connected in Republican politics, has reported that Trumpworld appears to be seriously contemplating it.

Trump could not wave away Congress on his own. The Constitution says the president can adjourn Congress only “in case of disagreement” between the House and the Senate on when the chambers should recess, and for how long. One of the chambers would first have to pass a resolution to adjourn for at least 10 days. If the other agrees to the measure, Trump gets his recess appointments. But even if one refuses—most likely the Senate, in this case—Trump could essentially play the role of tiebreaker and declare Congress adjourned. In a Fox News interview yesterday, Speaker Mike Johnson would not rule out helping Trump go around the Senate. “There may be a function for that,” he said. “We’ll have to see how it plays out.”

Presidents have used recess appointments to circumvent the Senate-confirmation process throughout U.S. history, either to overcome opposition to their nominees or simply because the Senate moved too slowly to consider them. But no president is believed to have adjourned Congress in order to install his Cabinet before. “We never contemplated it,” Neil Eggleston, who served as White House counsel during President Barack Obama’s second term, told me. Obama frequently used recess appointments until 2014, when the Supreme Court ruled that he had exceeded his authority by making them when Congress had gone out of session only briefly (hence the current 10-day minimum).

[Watch: What’s behind Trump’s controversial Cabinet picks]

Any attempt by Trump to force Congress into a recess would face a few obstacles. First, Johnson would have to secure nearly unanimous support from his members to pass an adjournment resolution, given Democrats’ likely opposition. Depending on the results of several uncalled House races, he might have only a vote or two to spare at the beginning of the next Congress. And although many House Republicans have pledged to unify behind Trump’s agenda, his nominees are widely considered unqualified, to say the least. Gaetz in particular is a uniquely unpopular figure in the conference because of his leading role in deposing Johnson’s predecessor Kevin McCarthy.

If the House doesn’t block Trump, the Supreme Court might. Its 2014 ruling against Obama was unanimous, and three conservative justices who remain on the Court—John Roberts, Clarence Thomas, and Samuel Alito—signed a concurring opinion, written by Antonin Scalia, saying they would have placed far more restrictions on the president’s power. They wrote that the Founders allowed the president to make recess appointments because the Senate used to meet for only a few months of the year. Now, though, Congress takes much shorter breaks and can return to session at virtually a moment’s notice. “The need it was designed to fill no longer exists,” Scalia, who died in 2016, wrote of the recess-appointment power, “and its only remaining use is the ignoble one of enabling the president to circumvent the Senate’s role in the appointment process.”

The 2014 ruling did not address the Constitution’s provision allowing the president to adjourn Congress, but Paul Rosenzweig, a former senior official in the George W. Bush administration and an occasional Atlantic contributor, told me that the conservatives’ concurrence “is inconsistent with the extreme executive overreach” that Trump might attempt: “As I read them, this machination by Trump would not meet their definition of constitutionality.”

Thanks in part to those legal uncertainties, Trump’s easiest path is simply to secure Senate approval for his nominees, and he may succeed. Republicans will have a 53–47 majority in the Senate, so the president-elect’s picks could lose three GOP votes and still win confirmation with the tiebreaking vote of Vice President–Elect J. D. Vance. But the most controversial nominees, such as Gaetz, Kennedy, Gabbard, and Pete Hegseth (Trump’s choice for defense secretary), could struggle to find 50 Republican votes. And as Thune himself noted in a Fox News interview on Thursday night, Republicans who oppose their confirmation are unlikely to vote for the Senate to adjourn so that Trump can install them anyway.

Thune, who had been elected as leader by his colleagues only one day before that interview, seems fine with helping Trump get around Democrats. Letting Trump defy Thune’s own members and neuter the Senate is a much bigger ask. Then again, if Trump takes his power play to the limit, the new majority leader won’t have a say at all.

A month after his election in 2016, Donald Trump chose Andrew Puzder, a longtime fast-food-company CEO, to be his secretary of labor. Most of Trump’s Cabinet picks moved smoothly through the confirmation process, but Puzder’s nomination languished amid allegations of wage theft, sexual harassment, and spousal abuse, as well as his acknowledgment that he had hired an undocumented immigrant as a nanny and not paid her taxes. By February 2017, he gave up and withdrew his nomination.

Being a president’s most troubled or scandal-ridden nominee is dangerous—like being the weakest or sickest member of the herd when predators start to circle. Republican senators probably calculated that if they rejected Puzder, Trump would send a pick with less baggage and higher qualifications, which is exactly what he did: Alex Acosta, the eventual selection, had a long government résumé and easily won confirmation.

Something very different is happening with Trump’s Cabinet picks this time. Less than two weeks have passed since the election, but the president-elect has already put forward a batch of nominees so aberrant by historical standards that any one of them would have been a gigantic story in the past. (Hello, Attorney General–designate Matt Gaetz.) Each one barely holds the media’s attention for an hour or two before the next nomination eclipses them. (Whoops, I didn’t see you there, Robert F. Kennedy Jr., nominee to lead the Department of Health and Human Services.)

If Senate Republicans reject one of these unqualified nominees, how can they justify saying yes to any? And yet, how could they reject the whole slate of nominees by a president from their own party, who is so popular among their own voters? Perversely, the sheer quantity of individually troubling nominees might actually make it harder for the Senate to block any of them.

[Elaine Godfrey: Either way, Matt Gaetz wins]

The list of wild picks also includes Tulsi Gabbard, the walking embodiment of horseshoe theory and Trump’s nominee to be director of national intelligence; Pete Hegseth, a square-jawed Fox News host tapped by Trump to lead the Pentagon; and Kristi Noem, a governor with no national-security experience, selected to head the Department of Homeland Security. By the time anyone gets around to noting that Trump is appointing his personal lawyers (who defended him in his several criminal trials) to top legal posts in the government, who will have the energy to be shocked?

We don’t know yet if the Senate will confirm any or all of these nominees, but weariness is apparent in the voices of Republican senators, who face a choice between approving Trump’s nominees and allowing Trump to use a dubious constitutional work-around to appoint them without requiring a Senate vote. Many have gasped or raised pained questions about Gaetz, and some have even predicted that his nomination will fail, but none has publicly pledged to vote against him.

Senator Bill Cassidy of Louisiana is a medical doctor who has shown a willingness to buck Trump and even voted to convict him during Trump’s second impeachment; he’s the incoming chair of the Health, Education, Labor, and Pensions Committee. Yet Cassidy responded to the preposterous HHS nomination by posting on X that Kennedy “has championed issues like healthy foods and the need for greater transparency in our public health infrastructure. I look forward to learning more about his other policy positions and how they will support a conservative, pro-American agenda.”

This isn’t how things used to work. In 1989, President George H. W. Bush nominated former Senator John Tower to be secretary of defense. Few could question Tower’s credentials. A World War II veteran, he’d served nearly 20 years on the Armed Services Committee; he later investigated the Iran-Contra affair. But allegations of womanizing and alcohol abuse led the Senate to reject his nomination, even though the body tends to give former and current members an easy ride. Hegseth, by comparison, is a veteran but has no government experience, has a history of infidelity and was in 2017 accused of sexual assault, and has expressed various extreme views, including lobbying Trump to pardon American soldiers accused of murdering prisoners and unarmed civilians. (Trump granted the pardons.)

Or consider Tom Daschle, the former Senate majority leader, whom President Barack Obama nominated to lead HHS in 2009. Daschle was forced to withdraw his nomination over $140,000 in unpaid back taxes. That was a serious lapse, yet it feels quaint compared to Kennedy’s or Gaetz’s dubious résumé.

[Franklin Foer: Why the Gaetz announcement is already destroying the government]

A clear sign of how much things have changed may come from Puzder, whom Trump is reportedly considering nominating as labor secretary again. If Senate Republicans are willing to approve the same guy they rejected eight years ago, the advice-and-consent guardrails will be well and truly gone.

The circuslike bombardment of freakishly unqualified personnel picks calls to mind Steve Bannon’s notorious insight that the press can handle only so much information, real or fake, without being overloaded. Uncovering, verifying, debunking, and explaining information takes time and resources. “The real opposition is the media,” Bannon told the journalist Michael Lewis in 2018. “And the way to deal with them is to flood the zone with shit.” Something similar might apply to U.S. senators who might otherwise be tempted to show some independence.

Ascribing too much strategic intent to Trump is always a risk. The president-elect works from impulse and intuition. Trump selected Gaetz on a whim during a two-hour flight, according to The New York Times; Politico has reported that Susie Wiles, Trump’s campaign manager and incoming chief of staff, was on the plane but was unaware of the Gaetz pick. Even if Trump is not consciously following Bannon’s directive, however, the effect is the same. Intentionally or otherwise, the shit level is high and rising.