Congress pretty much instructed the FAA to lay off amateur use. Which is why we're not all grounded waiting for the FAA to grant us a license. However, we clearly need some well thought out rules. Ones that allow local authorities some control while protecting civil and commercial aviation.
A progressive licensing program would be my suggestion. The base level would be a simple written test you could do online. Then, much like current pilots' licensing, you add ratings that may require a demonstration of proficiency e.g. urban flying, night flying, operating near people, etc.
Maybe that would keep city and state law makers from considering these sweeping and repressive "no fly" rules they want to implement.