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Part of the due process problem is the pesky notion that one must do the crime and be convicted on evidence, proof beyond a reasonable doubt, before suffering a penalty.

Imposing a penalty before one actually does the crime is very tricky. I have no doubt the Communists formerly known as Democrats will come up with something both novel and imaginative, with all sorts of advantages while sweeping rhe enormous disadvantages under rugs. It's the modern "flexible" view of the "living Constitution" which holds that we must interpret the provisions to solve modern problems unknown to the Founders.