It would be way too easy to find an agreeable judge, and all of those delegates would be up for grabs.
The fact that, as you correctly point out, there has been no definitive resolution to this question underscores it’s difficulty.nif there were a simplistic formula that all the Framers could have agreed upon, we would know about it. The fact is that there was in fact no such consensus ever reached, making the originalist case impossible to make convincingly.
Under these conditions the less restrictive piont of view, the one that is embodied in the statutes.