And further, that the government doesn't, as stipulated by the Constitution, have a right or legal precedent to sanction that individual? If that is what you are stating, the I'm pretty sure we agree...
Yup.
Keeping in mind that society is much bigger than the state is very much part of conservatism. The left always wants to equate them (not just by expanding the state so that more and more of society is the state, but in the way they think: for instance in their nonsensical claim that America is ‘stingy’ because the government spends a smaller percentage of the GDP on foreign aid than do, say, Scandinavian governments—their calculus doesn’t include private charity).