"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.— That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,…" – Declaration of Independence, July 4, 1776.
The sole purpose and function of lawful government is to secure the rights of the individual, given to that individual by the Creator. If government strays from that purpose in any of its departments, it commits usurpation; exercising rights not granted by the governed for purposes not consented to.
If any action of government does not secure the rights of an individual against the intrusion of another individual or entity, such as a corporation, that action is unlawful and usurpatious. The question must always be asked, who was harmed? If the answer is no one or the state, then the government has no legitimate power to interfere.
To allow the state to claim to be a victim opens the door to all kinds of abuses… anything the legislature can dream up… such as traffic offenses, licenses to operate your own property, permits to exercise rights such as carrying arms, building on your property, or any number of other "offenses" against the state. Restrictions on what you consume, wear, or eat… you get the picture.
When the state performs its lawful function… it cannot be offended.