I agree smaller responsible banks have taken a beating in FDIC fees to subsidize the troublemakers who have created the mess. 

I am somewhat familiar with all the onerous regulation and protocols and training that bank employees must go through to keep the fed masters happy.

What actual law dictates that a bank must adhere to these rules and regulations,  FDIC membership ? 

Why can't a bank open and renounce membership in FDIC guarantees clearly marking that on the door. Seems all sort of payday loans and Indian reservations can loan money at high rates and they don't seem to participate in FDIC assurances and certainly don't seem bound by restrictive rules on what they can charge.

Do they simply make the zero interest rate for borrowing along with other Fed Res. perks so low  and so enticing that people simply can't refuse ?

I agree there is a 2 tier system unfortunately as in most everything else the people following the rules get penalized at the expense of those breaking the rules. This is where the break down of the rule of law enters the pictures. Either we have a set of laws that apply equally to everyone or we have anarchy and our entire basis of a form of govt. can no longer be considered legitimate if it is no longer guided and steered by our founding documents. 

Glass Steagall also addresses the issues of the TBTF by separating the risky investments from the sound ones and making sure FDIC is not liable for the risky losses. 

I do also agree that FDIC is also a ponzi scheme with some tiny fraction of deposits that is supposed to guarantee some enormous pile of liabilities.  Perhaps FDIC needs to base it's fees to banks based on the amount of liability the bank places on the FDIC funds. Smaller prudent banks pay very low fees, large very risky banks pay enormous fees. Again we come down to the fact that those who made risky bets and lost don't want to eat their losses but want to shift them off on everyone else.  Private rewards and public losses. 

Your absolutely right on Fannie,Freddie agencies. However that is where corrupt politicians acting above the law have written all these perks and benefits into law because these agencies in return channel money for re-election funds for those writing the beneficial laws.