whether or not that is true is not an issue of due process

due process is "the state isn't allowed to do things to you unless they're in the law"

so like, a king would just make up criminal punishments. oh, you stole a painting? four years. THE PAINTING OF MY MOM? THIRTY YEARS, NO, FORTY.

because of due process, that isn't legal here

due process only applies to the application of the law, by the state