Acting department heads

Recall our conversation about presidential appointment and removal and the issue of a President using acting officers to avoid Senate scrutiny. President Trump did this largely to avoid Senate oversight. Early stories predict that Senate Majority Leader Mitch McConnell may attempt to influence over President Biden's executive appointments by refusing to confirm officers deemed "too liberal." And so like his predecessor, Biden might resort to acting appointments.

Federalist No. 76 (Hamilton) is the key statement of the framers on the rationale for Senate confirmation of executive officers:

It would be an excellent check upon a spirit of favoritism in the President, and would tend greatly to prevent the appointment of unfit characters from State prejudice, from family connection, from personal attachment, or from a view to popularity. In addition to this, it would be an efficacious source of stability in the administration.

But the motive arguably has changed, just as we discussed "separation of powers" replaced by "separation of parties." Trump seemed to avoid Senate approval to avoid thaqt inter-branch check. Beginning in January, the Senate becomes motivated by partisan concerns (a legitimate principle under the Constitution as it has developed), which now glosses how it will wield the confirmation authority. And the President's response will be similarly motivated by partisan concerns.