And yes, the vote of majority. As long as majority runs non-malicious bitcoin clients, they are free to reject the invalid or malformed transactions or blocks above preset limit.
That is an interesting attack. Eventually I think min fees will need to be enforced by clients. Just like a client that sees a block w/ coinbase transaction of 100,000 BTC generated is considered invalid a block w/ transactions which violate minimum fee rules would be considered invalid.