I have thought about this also.
Is it better for double spends to happen and a 51% miner is in charge of everything? Or is it better for a super majority rule to be imposed, implying 70% must agree on transactions. If the 30% keeps vetoing it, this doesn't cause harm to bitcoin because they only hold veto power, not the power to do everything. I say it is better to have a rogue Mining Guild abuse veto power(then people stop using them) than it is for a rogue Mining Guild to have all the power.
I say this because having no transactions confirmed is an immediate thing to notice for anyone using it, and is probably a better thing to happen than lots of small scale double spends and obfuscation. Not everyone keeps track of double spending or is interested in it, but everyone is interested in transactions going through. Management by exception, IE if the block chain isn't confirming transactions a whole ton of people will notice within the hour and do something about it.
If the Rogue 51% Mining Guild keeps messing around for small amounts or does something not many people will care about, I feel like that will be a lot harder to combat and get enough people to rally behind fighting the 51% Mining Guild.
The 71% wouldn't have the power to do everything. They couldn't, for example, increase their block reward, or spend coins they don't own.*
A small number of 0-confirmation double-spends sounds plausible, but repeatedly double-spending transactions with 2 or more confirmations will be noticed quickly (depth 2 block re-orgs are very rare).
Notice also that 31% could attack with equal subtlety by freezing a small selection of bitcoin accounts.
* The mechanics of a protocol change are practically orthogonal to those concerned with hashrate. If some users (users/merchants/wallets/exchanges/pools) want to change the protocol, and other users want no change, then we'll have a hard-fork. It will be as if those that wanted the change created an alt-coin with a pre-mine distributed among all bitcoin holders in proportion to their holdings. If GHash.io wants to create GHash.io-coin and start mining it right away then I expect that many miners there will leave; who would want GHash.io-coins? Such an attack would be roughly equivalent to GHash.io sending all their blocks to /dev/null.
Another thing to add to your above^.
If Ghash.io tried to do something like that, there is nothing preventing them from coming back from the Hard Fork they created, and getting back on to the "legitimate" Block Chain. it might be a pain in the ass to code themselves back into it and reset whatever they have to reset, but they could do it.
If it is in the best interests of all Miners to always agree Ghash.io on transactions(which it currently is), then you won't have someone with 30% not agreeing. You see what I mean, I am taking the inverse of what most people argue. They argue that since Ghash.io says "they are not bad" then they will not be bad and that it is in the interest of Ghash.io to always be "good". Ghash.io can run the show fully right now if they wanted to and that should scare people, but they haven't really double spent many times yet(google it and see they have double spent).
The inverse is also the same in an odd way. A 71% rule or whatever number implemented would still hold the smaller miners to keeping to the "legitimate" Block Chain and wanting to agree with the majority of miners, only now you have a better chance at 2 or 3 miners being the "Super Majority" now instead of just Ghash.io... The smaller miners wouldn't want to try and go against the 71% because then they would be left out and would not want to create their own "Ghash.io coins" as you reference above. So if this universal law holds true and all players want to stay on a legitimate Block Chain, there will never really be major problems. But if later down the road Ghash.io decides to mess around at a larger level, the recourse of corrective action will be harder and harder to take and might ruin Bitcoin for a long time.
It only takes one major event to put a bad taste in dumb peoples' mouths and have them running for the hills.
just my 2 centz