This is not a good argument. You have no legal right to drive an automobile or to fly a plane, both are heavily regulated. The "if you have a job that requires X" argument is fundamentally weak, there is no intrinsically superior right to any activity due to it being job related or not (this is a good thing, I believe).

The problem of course is the extent of intrusion on daily lives.

The better legal approach is the 10th amendment route, or coming up with new legislation.