Before tackling these conundrums, let us review the meaning of "bond." A bond binds a person to a commitment, such as a promise to appear in court, or to perform some service. People generally know that they cannot trust a person's promise to behave in some particular way because people have short memories and they tend to change their mind as time goes by.
Therefore, folks, particularly those in business and government, devised a method of enforcing a bond. They demanded that the bonded person forfeit something of value in the event of breaking the promise and forsaking the bonded act. The item(s) of value include cash, land, or other chattel or realty. Specialty insurance companies or bonding agencies provide the bonding service for individuals who do not have sufficient assets to satisfy the bond requirement.
The most popular of these: bail bondsmen. These agents put up the full amount of the bond, say $10,000, and charge a 10% fee to the bonded individual, promising the court that the individual will appear in court at the appointed time and date. If the bonded individual fails to appear, the bail bondsman will hunt him down, capture him, and bring him before the court so as not to have to forfeit the bond amount.
Similarly, other bonding agencies charge a fee to public officers who must provide government with a performance or surety bond to guarantee that they will do their public officer duties honorably. Florida law requires that sheriffs, deputies, tax collectors, comptrollers, county clerks, and public service commissioners provide property or performance bonds in order to get and keep their jobs.
Interestingly, important though it seems, no law requires a person swearing a loyalty oath to provide a bond guaranteeing performance according to the oath (to support the Constitution of the US and the State). Instead, the act of swearing the oath, with a "so help me God" at the end, seems to serve as the only bond. The bond is the "word" of the oath swearer.
The Value of Constitutional Loyalty Oaths
Furthermore, the law obliges all who would vote or take government employment swear a "loyalty" oath to support the Constitution of the USA, and (for state employment) of the State. But most who swear that oath have never read nor fully studied the constitutions. It seems a foregone conclusion that the vast majority of loyalty oath swearers cannot possible support what they do not know, and that they have committed perjury upon swearing that oath.
- Violating the loyalty oath does not cause the violators to forfeit money or position;
- One cannot support what one does not know, and most don't know the constitutions;
- God certainly does not smite, punish, or strike violators dead.
- No law that I know of penalizes a violation of the loyalty oath.
The Kol Nidre DeclarationFurthermore, some groups of people, like fundamentalist Jews, may and do engage in ritual denials of oaths in advance of swearing them. Take, for example, the Kol Nidre solemn declaration of fundamentalist Jews at Yom Kippur every late September/early October:
"All personal vows we are likely to make, all personal oaths and pledges we are likely to take between this Yom Kippur and the next Yom Kippur, we publicly renounce. Let them all be relinquished and abandoned, null and void, neither firm nor established. Let our personal vows, pledges and oaths be considered neither vows nor pledges nor oaths."
And, interestingly, Ashkenazi Jews often wind up in leadership positions in courts and elsewhere in government because they have the highest average IQ (115) of any genetic group on the planet. So the meaning and sincerity of their oath taking has salient relevance to their performance of duties according to law and rules of procedure.
Public Officers Must Build a Record of Trustworthiness
Why do judges lie and disobey their oaths so much? Because they enjoy judicial immunity that no constitution grants them. The Judicial Qualification Commissions have judges and lawyers in them who overlord the citizen appointees, and they virtually never discipline judges widely reputed to flout the law and rules. Furthermore, citizens find it virtually impossible to get the House Committee on the Judiciary to impeach "bad" judges. The newspapers refuse to publish negative stories about all but the worst of judges. Prosecutors won't prosecute them. And grand juries, usually perverted by prosecutors, won't indict them. Thus, judges do lie and disobey their oaths because they can get away with doing it. In summary, I have concluded that many judges, having no check or balance on their behavior, breach their oath and lie, and some do it a lot.
Also, many prosecutors enjoy qualified immunity, and as prosecutors their winning has greater importance to them than their honesty and integrity. They will typically say or do anything to win their case because they know that the law means only what the judge says it means. They don't want to trust that they will win a case on its merits, so they lie to the defendant in order to coax out a plea bargain agreement. And because so many defense attorneys plea bargain their clients into a conviction, they never become competent litigators. Because so many prosecutors face off against incompetent defense counsels, prosecutors generally win, but still never develop competence. In effect the defendants become victims of a comedy or errors practiced by figurative dunces.
So, I believe ALL prosecutors lie more than judges do, in other words, whenever it suits their purpose. And, horror of horrors, many prosecutors go on to become judges. They start lying early in their careers, carry it over into judgeships, and never stop. Since they lie so much in public, surely they have no compunction about doing it at home. So, I have often wondered why their children and spouses don't kill them in their sleep.
I realize my reaction to judge/prosecutor lies and flouting of loyalty oaths seems extreme. But I can think of no liar more horrid, intolerable, and deserving of excision from the planet than a lying judge, and next to that, a lying lawyer.
According to Mark Twain
“I have lived my whole life since a child saying the truth, and obeying what I said. I shall continue doing so.”Mark Twain would take exception to such a grandiose statement. He believed everyone a liar. He even wrote an essay about it in 1885 - On the Decay of the Art of Lying. There he quoted Benjamin Disraeli (actually, Lord Leonard Henry Courtney) as referring to the three kinds of liars – “liars, damned liars, and statistics.” Mark Twain alleged that everyone tells at least little white lies. Since we can’t stop lying, he asserted, we should lie more artfully, thoughtfully, and judiciously according to these rules:
I Side with Twain
List Kinds of Lies or Liars (partial)
- beat around the bush
- cock and bull
- cow plop
- fairy tale
- figure of speech
- lie (damned)
- lie (white)
- lie (ordinary)
- mental reservation
- song and dance
- stretching of the truth
- tall tale
Why I Side with Mark Twain
Summary and Conclusion
Anyway, statistically speaking, I guess every human who ever lived did or became at least one of the things in the above List of Kinds of Lies or Liars.
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