Individuals have basic inalienable rights. They are free to pursue those rights as they see fit. The state was created to manage the interactions when those rights potentially conflict to protect the rights of the citizens. For instance, my right to the pursuit of happiness doesn't Trump a Woman's right to sovereignty over her own body or my neighbors right to private property.

Under a constitutional system of government, The state doesn't inherently have rights, it has limited enumerated subordinate to the collective will of the people. The government has the enumerated authority to protect the life liberty and property of its citizens. You show me where it has the enumerated power to arbitrarily tax my food choices.

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