UC Riverside

Abstract: While acting officials in federal agencies have become more common in recent years, presidents still utilize the traditional nomination process, which constrains presidents' choices, for most executive branch appointments. Recent work emphasizes presidents' incentives for using acting officials, but few scholars have considered what keeps presidents from using them even more often. We argue presidents' use of acting officials, like other forms of unilateral action, is constrained by public opinion; while actings may be expeditious policy tools for presidents, the public perceives them to undermine the executive branch's legitimacy and competence and punishes presidents accordingly. Through three survey experiments leveraging real‐world instances of President Joe Biden's usage of acting officials, we find little evidence the public reacts negatively to acting officials in agency leadership. While some institutional forces must encourage presidents to seek senatorial advice and consent for their nominees, our evidence does not indicate public opinion provides that constraint.