OPINION: The wave

Legislators may campaign as true conservatives but once elected they usually drift toward the establishment deep state. Surprisingly the reason is psychological. 

The 1984 Olympics were in town and my brother had Olympic soccer match tickets at the Stanford Stadium. Having “attend an Olympic event” on my bucket list, I enthusiastically accepted the invitation.  

The stadium was sold out and the crowd energy was electric as we anticipated the match to begin. Suddenly there was a collective cheer from across the stadium and I noticed what appeared to be a bulge in the attendees that was moving left to right. Just as with a wave in the ocean, this wave gave the appearance of motion, propagating through the seated people.  

It was compelling to watch as it steadily rounded the end of the stadium and began heading directly for us. As it approached I could see that at the leading edge, people would rise from their seats only to sit down moments later as the wave washed over them. The anticipation mounted as the wave neared and when it reached us we all sprang from our seats, cheered and sat back down within seconds.  

I was fascinated by this group synchronization and as an experiment I decided I would not stand when the wave crossed over us again. As it approached a second time the energy of the crowd swelled. I reminded myself to remain seated but as the wave was upon me I had to grasp the bleacher to keep myself from standing. I experienced a deep, visceral urge to stand that hit me in the pit of my stomach.  

Decades later I received a call from my state senator Steve Vick. Previously I had agreed to substitute for Steve should he be unable to attend a session. The Governor had called an emergency legislative session but Steve was unable to attend due to a family emergency so he asked me to attend for him. I enthusiastically agreed. 

The emergency session was called to deal with a piece of legislation that had failed the previous legislative session. The legislation was to bind Idaho to a treaty that would allow child support payments across international boundaries. It would give foreign family courts jurisdiction over U.S. citizens so that a warrant for child support payment issued in a foreign court would be accepted here and the money confiscated and sent without local courts getting involved. Because the treaty violated equal protection, all 50 states would need to separately ratify it. The Obama administration was offering tens of millions of dollars to any state that passed the legislation.  

Since this was the only issue the legislature would be considering during the emergency session I had the luxury of spending three days studying the proposal. What I discovered shocked my senses. A claim of paternity could be made by a foreign national against an American citizen. That claim would be processed by a foreign courts according whatever standard of justice they used. The Constitutional protections of a speedy trial, the right to confront your accusers and equal justice were not guaranteed. At best the accused would have to travel to the foreign court and make their defense there. 

On the appointed day I arrived at the Capitol and made my way to the governor’s office where I was sworn in, taking an oath to protect and defend the U.S. and Idaho Constitutions. I then went downstairs to the Senate chamber. You cannot enter the chamber and not be struck by being at the architectural center of power. Any visitor would immediately appreciate that important things happen in this room.  

The President of the Senate, Brad Little, called the session to order. It was immediately clear that he was thoroughly enjoying the pomp and ceremony of these traditions. He was the conductor of drama about to unfold.  

When it came to debate I rose to be recognized. I thanked my fellow senators for being gracious and welcoming. I then explained that just hours before I had taken an oath to defend and protect our Idaho and U.S. Constitutions. Clearly this treaty would replace “equal protection under the law” with “substantially similar” and since it requires the unanimous consent of all 50 states it is intrinsically un-constitutional. I cannot support this without violating my oath. I will vote no. 

When the secretary called the roll for the vote the responses were Aye, Aye, Aye, Aye. Aye… Clearly this bill would pass and I felt the weight of the other senators, the gallery and the building itself pressing for my agreement. For a moment I considered it, not wanting to be humiliated, but then I had that same visceral, pit of the stomach feeling from all those years ago at the soccer match.  

I heard my name and I rose from my seat “NAY!” I shouted at a volume that surprised me and startled a few others. At that instant my epiphany was complete. I knew why the pressure to go along would reshape most men over time.  

People assume the actions of others are correct for a given situation so the urge to copy those around us runs deep. For early man, working together meant survival. If those around you started running and you didn’t follow you would likely end up an apex predator’s next meal.  

We imagine ourselves to be rational but the pressure of Social Proof is incessant. Even small force overtime can change the course of the most powerful ship. We can’t stop having the feeling but we can recognize it and then act rationally. Hopefully we chose legislators who appreciate and can resist the power of Social Proof.  

It’s just common sense.

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Brent Regan is chairman of the Kootenai County Republican Central Committee.