The only ‘scholars’ whose opinions count are the ones by whom the definitive answer would be given in the ultimate extreme - the USSC to be specific.
And yes, when I use the term ‘scholars’ in connection with the USSC it is a stretch, but as one might say “there you have it.”
Do you really want the current Supreme Court to interpret the Constitution? The same court that found Obamacare to be legal and who manufactured a right to gay marriage out of whole cloth?
I don’t.