Is the So-called Nuclear Option Constitutional?

Mark Kleiman argues that it is not and that it is cheating.
Whatever else it may be this debate points out that too much is at stake. Why all the ranting and raving if there is not large treasure at the end of the battle? The treasure comes both in the form of wealth transfer and values imposition. Neither the blues or the reds are exempt from the temptation of both.
You should know who is the source of this treasure. If not, check out your mirror.
A much more interesting discussion would focus on how we can fix our social structures so as to assure that you and I can exchange goods and services free of interference and how you and I can live our lives, choose our activities, enter into relationships of our choice, etc., without interference by others.