by filling the 1mb with spam.. then the other 3mb remains empty.
You can always fill a block if you are willing to outbid everyone else on tx fees.
to which i will reply with your own words
This is bullshit, miners can be evil.
Miner can currently mine empty blocks right now if they want....
solution
consensus.h
txsigops <4k (forever)
Good luck doing any useful contracts or any large multi output tx with that limit. Good luck having unspendable txes.