Constitutionally, a person cannot have their basic rights taken away by the government without receiving their day in court.
Merriam-Webster Online Dictionary
due process (noun)1.
a course of formal proceedings (as legal proceedings) carried out regularly and in accordance with established rules and principles - called also procedural due process
2.
a judicial requirement that enacted laws may not contain provisions that result in the unfair, arbitrary, or unreasonable treatment of an individual - called also substantive due process