Guzman v. Piercy / Canyon County / Sutton ( 2014 )

Justice EISMANN,

concurring in part.

I concur in the majority opinion except for Part VLB.2. discussing substantive due process. The words due process in the Fifth and Fourteenth Amendments to the Constitution of the United States and in article I, section 13, of the Constitution of the State of Idaho only meant procedural due process when they were adopted. The concept of substantive due process is simply a doctrine created by courts to permit them to strike down statutes with' which they personally disagree. Because courts lack the authority to change the meaning of the words in either Constitution, I do not concur in this part. Since the majority does not find any merit in Piercy’s claim based upon substantive due process, I have no need to dissent