So does rules mean time, place, etc...in other words, what we consider as Robert's Rules or does rules mean that theoretically, next year, they can change advise and consent to a 3/4 majority vote.
The 43 standing rules of the U.S. Senate.
Certainly any rule which violates the constitution can never be a valid rule.
True, but the Constitution allows the House and Senate to set their own rules and the filibuster does not strictly violate the Constitution because it does not change the simple majority required to confirm a candidate once that candidate comes up for approval. If you say that the filibuser is unconstitutional because it requires 60 votes to override it then you must also say that allowing the Chairman of a Senate Committee to keep a nominee from appearing before that committes is unconstitutional because one senator can prevent the entire Senate from giving the nominee an up or down vote.