The nomination of Lewis Strauss to be Commerce Secretary (1959)

In 1958, President Dwight D. Eisenhower nominated Lewis Strauss to serve as Secretary of Commerce. Previously, Strauss had served in numerous government positions in the Truman and Eisenhower administrations. At the time, the 13 previous nominees for this Cabinet position won Senate confirmation in an average of eight days.^[5]

During the Senate Interstate and Foreign Commerce Committee hearings on the nomination, McGee raised concerns about the transparency of Admiral Strauss's testimony and his willingness to be candid with the committee. He also questioned Strauss's role in the Dixon–Yates contract, his relationship with banker Adolphe Wenzell and his calls to the United States Atomic Energy Commission about Argonne National Laboratory physicist David R. Inglis. McGee raised similar concerns about Secretary Strauss's involvement in a case involving Philadelphia Electric Co. and General Dynamics, as well as the accuracy of a statement attributed to him in the committee hearing report. After 16 days of hearings the Committee recommended Strauss' confirmation to the full Senate by a vote of 9-8 – McGee was one of the eight opposed to the nomination.

When the nomination was brought to the Senate floor for debate, McGee, over several days, urged his colleagues to reject Strauss's nomination. He argued that Strauss was not trustworthy and that his confirmation would set a dangerous precedent. He accused Strauss of attempting to deceive the Committee during the hearings and cited several examples of Strauss's misleading testimony. McGee argued that Strauss's pattern of deception made him unfit to hold such a high-ranking position in the government. McGee also raised concerns about Strauss's views on executive privilege and the separation of powers. He believed that Strauss's views were dangerous and that his confirmation would undermine the Senate's ability to check the executive branch.^[5]

On June 19, 1959 just after midnight, the Strauss nomination failed by a vote 46-49. At the time, It marked only the eighth time in U.S. history that a Cabinet appointee had failed to be confirmed.^[6]

Wyoming's and McGee's Role in the 1960 Presidential Campaign

Despite his initial preference for Lyndon Johnson, McGee developed a close friendship with John F. Kennedy during their time together in the Senate. They shared similar political views, a mutual admiration for Senator George Norris, and a cautious approach to civil rights. Kennedy appreciated McGee's support and expected his help in securing the 1960 Democratic presidential nomination.^[7]

Despite their contrasting personalities and political styles, Johnson and McGee shared a deep mutual respect and understanding rooted in their common experiences representing rural constituents and their shared commitment to public service. Johnson's promise to put McGee on the powerful Appropriations Committee was not just a political maneuver but a genuine expression of his appreciation for McGee's loyalty and ability.^[7]

During the summer of 1959, Kennedy's campaign team actively sought support from Wyoming Democrats, including McGee. However, they encountered mixed signals from McGee, with some reports indicating his support for Kennedy and others suggesting his leanings towards Johnson. Governor J.J. Hickey's support was also uncertain due to concerns about the Catholic issue. Despite these challenges, the Kennedy campaign made significant progress in Wyoming, with Teno Roncalio, the state Democratic Party chairman, expressing confidence in securing the state's full 15 votes for Kennedy.^[7]

Johnson's campaign team faced resistance in securing Wyoming's endorsement. McGee's insistence on delegate independence thwarted Johnson's efforts to impose the unit rule and secure all of Wyoming's 15 votes. As a result, Johnson's strategy shifted to preventing the unit rule and securing at least four of Wyoming's delegates. However, McGee's neutrality and Governor Hickey's decision to second Johnson's nomination caused friction between the Texan and the Wyoming Senator.

McGee played a pivotal role in securing the Democratic presidential nomination for Kennedy. With Kennedy needing four more votes to clinch the nomination on the first ballot, McGee, the chairman of the Wyoming delegation, persuaded his colleagues to cast all 15 of Wyoming's votes for Kennedy, ensuring his victory. This decision cemented Wyoming's place in history and marked the end of a long day for the delegates.^[8][9]

Wyoming politicians like McGee and Hickey understood the importance of unpredictability in the political process. Keeping their support uncertain ensured attention and visits from major presidential candidates like Kennedy, Johnson, and Symington. However, once Kennedy won the nomination, he initially planned to skip campaigning in Wyoming due to its low electoral vote. It took persuasion from Tracy McCraken and McGee to convince Kennedy to make one last stop in the state. This visit allowed Kennedy to learn about Wyoming's economy, needs, and people, establishing relationships with key state leaders that could prove valuable in the future.^[7]

On September 23, 1960, Kennedy visited Cheyenne, Wyoming, to thank the state for its support in securing the Democratic presidential nomination. He acknowledged Wyoming's small size but emphasized its crucial role in the convention. Kennedy also demonstrated his knowledge of key Wyoming issues, such as natural resource development, and appealed to the state's voters to help him win the presidency in November.^[10][11][12]

It was closer than that on November 8. John F. Kennedy was elected President but without Wyoming’s three electoral votes. They went to Richard Nixon who won the state 55 percent-45 percent.^[7]

Overseas Trips (1959-1964)

As a member of the Senate Appropriations Committee and strong defender of US foreign aid programs, McGee embarked on several fact-finding trips to various regions around the world:

1959 - traveled to the Middle East, India, and Southeast Asia with Senator Albert Gore, Sr. (D-TN) to assess the effectiveness of US foreign aid programs and the growing Arab refugee crisis.^{[13][14][15][16][17]}

1960 - McGee joined a delegation of Senators and President-elect Kennedy's brother, Ted Kennedy, on a trip to Africa to witness the challenges of independence and the Cold War's influence on the continent. From a cafe in the Congo, McGee witnessed the arrest of Patrice Lumumba^[18][19]

1961 - McGee led a delegation to visit eight South American countries to evaluate the conditions for the Alliance for Progress, a US-led initiative to promote economic and social development in Latin America.^[20]

1962 - McGee received reports of Soviet military shipments to Cuba and in the run up to the Cuban Missile Crisis, he inspected US military facilities at Guantanamo Naval Base.^[21][22] At the end of 1962, McGee joined Senators Frank Church and Frank Moss on an inquiry into US spending in Southeast Asia. They found that the situation in Laos was concerning, while the situation in Vietnam showed signs of improvement.^[23]

Relationship with John F. Kennedy

Senator Kennedy endorsed McGee in his 1958 campaign and even flew to Wyoming to give him $500, the largest campaign contribution McGee received from any individual that year.^[24]

At the 1960 Democratic National Convention, McGee was the chairman of the Wyoming delegation, and he was able to secure all 15 of Wyoming's votes for John F. Kennedy. This put Kennedy over the top and gave him the Democratic Party nomination for President of the United States.^{[25][8][26][27]} Kennedy initially had no plans to return to Wyoming during the general election campaign, but he was persuaded by Tracy McCraken and Senator McGee to make one last stop in the state on September 23, 1960.^[28] He spoke to a large crowd in Cheyenne and acknowledged Wyoming's role in securing his nomination.^[10][11]

Kennedy visited Wyoming in the fall of 1963 accompanied by McGee.^[29] The President gave a speech to 12,000 at the University of Wyoming War Memorial Fieldhouse (including a young Richard Cheney, then a student at the University), in which he challenged the audience to take advantage of opportunities to serve their country.^[30][31][32] He also mentioned the need for Americans to make choices about the use of resources, fiscal policy, the space race, and the development of ocean resources.

McGee met with Kennedy in the Oval Office in November 1963 – one week before the tragedy in Dallas - to tape video and take photos for McGee’s upcoming re-election campaign.^[33][34]

Rise of the John Birch Society

As Bircher influence grew in Wyoming in the 1960s, McGee emerged as a prominent national figure challenging the John Birch Society. The media, impressed by his speeches, began scrutinizing Founder Robert Welch and his tactics. McGee's appearance on a combative talk show, "Open End," further fueled the debate.^[35] He criticized the JBS founder on the Senate floor and warned about their infiltration into communities.

Bircher followers disrupted events, and the society advertised aggressively in Wyoming, dominating local radio.^[36] McGee actively engaged in debates with Birchers, intentionally putting himself in their crosshairs. Despite facing threats and violence, he continued his fight against right-wing extremism.

McGee cautioned President Kennedy not to deal with the extremists prematurely, believing it could be a winning issue for 1964. He warned about the appeal of the extreme right-wing ideology to the population in the West.^[37]

Food Marketing Study (Public Law 88-354)

McGee expressed concerns for Wyoming cattlemen, farmers, and consumers due to falling cattle prices and record-high food prices driven by large national grocers. He believed that chain stores were monopolizing the food distribution market and engaging in unfair practices at the expense of the western communities.^[38]

In 1963, McGee proposed legislation authorizing the Federal Trade Commission (FTC) to investigate the practices of large chain stores for possible violations of antitrust laws.^[39] The Senate Commerce Committee held hearings on the proposal, during which witnesses testified about the intimidating tactics used by the chains.^[40]

President Johnson endorsed the proposal but preferred to create a bipartisan commission to study the changes in the food industry.^[41] The final commission report, issued in June 1966 after an 18-month investigation, failed to address antitrust violations directly. Instead, it pointed to various factors, including promotions and amenities, for rising consumer prices. However, the report did express concerns about the concentration of the food industry in the hands of a few corporations and recommended increased scrutiny of mergers and acquisitions. The commission also suggested "group marketing" through Agricultural Marketing Boards to empower farmers and ranchers in their marketing efforts.

1963 railroad strike

In 1963, Congress acted for the first time in peacetime to impose compulsory arbitration in a major labor dispute. President Kennedy sent Congress a bill to submit a dispute over the railroads' attempts to eliminate "featherbedding" to the Interstate Commerce Commission, which was to impose an interim solution binding on the parties for two years.^[42]

During Congressional consideration of the President's legislation, McGee offered an amendment to remove these less controversial questions from arbitration and make the Senate bill conform with the House bill, thereby expediting passage to avoid the strike. Congress on cleared the bill on August 28, 1963 that created a seven-member board to arbitrate the major issues in the dispute and prohibited the railroads from issuing "anti-featherbedding" rules. The arbitrated settlement was imposed for two years, and no strikes or lockouts were allowed during that time. The President signed the bill into law (PL 88-108) six hours before the strike was to begin on August 29, 1963.^[42]

"Champion" of Congressional recess

In 1965, Senator McGee began calling for a mandated August recess for Congress. It was not until 1969 that his idea gained enough support amongst his colleagues that they gave it a test run - the Senate recessed from August 13 to September 3. Finally, on August 6, 1971, as mandated by the Legislative Reorganization Act of 1970, the Senate began its first official August recess.^[48]

Clear Cutting of Timber

During the 92nd Congress, McGee pushed vigorously for the implementation of his bill which would impose a two-year moratorium on clearcutting of timber on public lands until a study of the practice could be conducted by an independent commission. Clearcutting is a timber harvest method whereby all trees and the undergrowth in a given area are completely destroyed. Al- though McGee did not obtain passage of his bill, it was on the basis of his legislation that the Senate Interior Subcommittee on Public Lands demanded that the U.S. Forest Service stop permitting the timber industry to clear-cut at will in the National Forests. McGee has termed the recent action by the Senate Interior Subcommittee on Public Lands as “but one more step toward the establishment of a national policy setting down guidelines restricting the use of clearcutting as an accept- able timber harvest practice when such use would be detrimental to the environment, recreation, wildlife, and other concerns.^[49]

Protection of bald and golden eagles

In his third Senate term, McGee gave up the gavel of the Foreign Operations Appropriations Subcommittee to become Chairman of Agriculture, Environmental and Consumer Protection Appropriations Subcommittee. He would remain Chairman of that subcommittee until he left the Senate. At an August 1971 hearing held by McGee's subcommittee, a Wyoming helicopter pilot testified that sheep ranchers paid him to fly near eagles which they killed with shotguns. About 500 bald eagles were destroyed in this manner, the pilot said. The Wyoming Woolgrowers Association had claimed that 8,000 lambs were lost to eagles annually, and the group's president declared he had seen eagles kill grown sheep and antelope. Conservationists disputed the figures and said that eagles seldom touched lambs unless they were already dead. A University of Montana study of prey items collected from 40 golden eagle nests over a three-year period found evidence of only one dead lamb and one dead sheep, with no proof they had been killed by eagles. In October 1972, Congress approved legislation strengthening the penalties imposed for violations of Bald Eagle Protection Act of 1940.^[50]

Voter registration by mail

In 1972, McGee introduced S. 352, which would allow eligible voters to register by mail in federal elections. The bill would establish a new Voter Registration Administration as part of the U.S. Census Bureau to administer the registration program. Under the procedure, postcard forms would be mailed to all postal addresses and residences, and the cards would have to be returned to local registration agents no later than 30 days before a federal election. Processing of the forms would be paid for by the Voter Registration Administration. McGee believed and argued that existing methods discouraged registration citing the fact that 62 million people did not vote in 1972 election, nearly half of all Americans eligible to vote.

Opponents believed that the proposal would destroy the two-party system, lead to increased fraud, and cost too much to implement. The Nixon administration formally opposed the bill citing the potential for fraud and cost but McGee's committee reported the bill with only Hiram Fong, the Committee's ranking Republican member, opposing. During floor debate In spring 1973, the bill was filibustered for almost a month. The 13th successful cloture vote since in the Senate came after two earlier attempts to terminate a four-week filibuster on the voter registration bill (S 352) failed. Had the May 9 vote also fallen short, McGee had warned opponents of S. 352 during floor debate that there would have been another cloture vote, and "if necessary there'll be another and another and another."

The nearly 100 per cent attendance for the May 9 vote, plus three switches in favor of cloture on the third try, gave the cloture motion the necessary two-thirds vote. John C. Stennis (D Miss.) was the only senator to miss the vote. Earlier efforts to shut off the talkathon on the bill failed by two and three votes, respectively. The April 30 vote was 56-31; the May 3 vote was 60-34. On May 9, cloture succeeded by a one-vote margin, 67-32. Two Republicans and one Democrat switched from opposition to support for cloture on the May 9 67-32 vote. The Republicans were Robert T. Stafford (Vt.) and Milton R. Young (N.D.); both had voted against cloture on the two previous cloture motions. The Democrat was Russell B. Long (La.), who opposed cloture on the May 3 vote. In addition, supporters of cloture gained four of five new votes of members who did not vote May 3: Alan Bible (D Nev.), Mark O. Hatfield (R Ore.), Joseph M. Montoya (D N.M.) and William B. Saxbe (R Ohio). John Sparkman (D Ala.), one of the other two members (along with Stennis) who did not vote May 3, cast the only additional vote against cloture. Final passage of S. 352 was successful on May 9, 1973 by a vote of 57-32.

The legislation died after the House failed to take action on the bill.^[51][52]

27th U.N. General Assembly (1972)

A long-time supporter of the United Nations, McGee was appointed by President Richard Nixon to a four-member congressional delegation to represent the United States at the United Nations' 27th General Assembly in 1972. His chief assignment at the Assembly was to get the United Nations members to agree to lower the U.S.'s share annual dues from 31 percent to 25 percent - a difference of $13 million. Both the House and Senate had already passed measures to limit the United States' contribution to the U.N. But each country's share is ultimately decided by a majority of the 130 member nations. Through the efforts of McGee, along with U.S. Ambassador to the U.N. George Bush, the U.N. assembly approved the reduction, with 80 nations voting to support the resolution.^[53][54]

Candidate for Director of Central Intelligence (CIA)

A July 10, 1975 memo from then White House Chief of Staff Donald Rumsfeld to President Gerald Ford listed McGee as one of many potential candidates to be Director of Central Intelligence. Rumsfeld listed "pros and cons" of each candidate (including George Bush, Lee Iacocca, and Byron White and others). The memo thought McGee was a strong defender of the intelligence community, respected within the foreign affairs community, and well-regarded for his independence. On November 4, 1975, William Colby was replaced as CIA Director by George Bush in a major shakeup of President Ford's administration termed the Halloween Massacre.^[55]