You are technically cotrect, but you are not politically correct and the only thing that counts anymore is being politically correct.
If being technically correct counted then at least in the USA there wouldn't be any of the things that governments (federal, state, municipal) have been doing for over a hundred years.
Sherman act is also theft and also unconstitutional technically. Politically it became very much tenable though.
IRS seizing individual property, Federal reserve bank buying up any bad debt and manipulating the money supply and interest rates, States using paper and not gold as money, gold confiscation in the thirties, government 'jobs' programs, payroll and income taxes, inheritance and gift taxes, welfare used to buy the support of the voting majority by stealing from a voting minority by setting up a graduated tax system, government mandated products and services (insurances of all kinds), IFDS pretending to provide a 'guarantee' to clients of banks with the backing of the printing presses and taxes, going to wars without declaring then in Congress first, preventing certain people from employment by requiring minimum level of ability (minimum wage), all business laws that require licensing of any kind, stealing property under so called 'eminent domain', forcing government education system via taxes and mandates, etc. etc. etc.
None of those things are technically correct, the only thing that matters is political correctness.