I agree, to the extent that the checks and balances include the idea of limited, delegated government powers.
If we do not include that idea, the case is different. For example, let's say that instead of granting the government only limited, specific powers, we accept that the state may act on things that have public consequence, for the good of society. Since anything can be shown to have a consequence on society, anything falls under the scope of government control. This is the very definition of totalitarianism.
Now, it doesn't necessarily have to be a dictatorial totalitarianism. It might even be argued to be a benign totalitarianism. But if every facet of life falls under the scrutiny of the state, it IS totalitarianism.
My whole point in my argument is simply that all actions DO have consquences. Even bening acts that we think are nobody's business have public policy implications. To argue otherwise is to live in a utopian dreamland.