No freeman shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers or by the law of the land.
That phrase — “law of the land” — ultimately evolved into the phrase “due process of law,” the phrase found in the Fifth Amendment.
What does “due process” mean? Over the centuries, it has come to encompass, at the very least, the concepts of notice and hearing.
Thus, before the government can deprive a person of his life, the government must provide him with a formal notice of why the government wishes to kill him.