Thats very clear... so basically miners can do that to any BLOCK even the 1mb BLOCK.so now I'm confused ..so why all this debate.. what's this few.transactions  a second debate. R u saying leave how it is and have miners choose? Doubt it cause They must not be doing something right .

Or are u saying change code in yet another way, a way thats Scalable by miner choice?  that's the most common sense idea if that's what ur saying.