The regulatory state now runs so amok that it has totally cowed its supposed overseers, the people's supposed representatives.
We're seeing now what Jefferson meant by the fundamental right to alter or abolish a form of government, because no matter how crafty they try to get in making it seem as if what they are doing is technically within the bounds of the Constitution (we of course know better), what really matters is the empirical reality where the citizen interfaces with the state. Now you literally interface with the state every time your ass interfaces with a toilet seat, its tentacles of regulation have invaded your daily existence to such an extent. No, it doesn't matter how many circuit courts uphold this insanity through their novel divinations of Constitutional intent, what matters is that we have a government that has become too onerous a burden on the very people who are its supposed masters. The regulatory state has become such a burden and so intimidating to all and sundry in its way that the people's only official recourse, the election of representatives, has become all but meaningless (witness just how much "change" last November's historic midterms gained us; exactly).
We're just in that sort of limbo, between the point where it was once possible to reign in government through elections and the point where people start feeling like they have little left to lose.