United States v. Hemani · ¶45

The historical laws the government identifes usually provided some form of process before an individual lost any of his liberties, even temporarily. Normally, a vagrant could be sent to a workhouse or jail only upon a “conviction.” E. g., Hoadly 128–129. Generally, a habitual drunkard could be assigned a guardian or committed to an asylum only after proceedings before a probate court or something like it. See, e. g., Ball & Roane 456. And, typically, surety statutes required a proceeding before a justice of the peace or a comparable officer before a bond could be ordered (or, if a bond wasn't posted, before a jail sentence could be imposed). E. g., Acts and Laws of the State of Conn. 189 (E. Babcock ed. 1786); see also Rahimi, 602 U. S., at 699.

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