Brett Kavanaugh promised to interpret the Constitution exactly as written. But this could lead to some problems, since things have changed in ways the writers of the Constitution could never have anticipated. So I have some questions (om no particular order) to help someone realize that the literal text of the Constitution is not nearly enough for so many modern problems.
1. Had the writers of the Constitution ever seen a railroad?
2. Had the writers of the Constitution ever seen a telegraph?
3. When the 2nd Amendment was written, wasn’t the most powerful personal weapon a single shot muzzle loader?
4. How many limited liability companies existed when the Constitution was written?
5. How much of the US economy was controlled by corporations when the Constitution was written?
6. How many corporate lobbyists were there when the Constitution was written?
7. How many multi-national corporations were operating in the US when the Constitution was written?
8. How much time and effort did political candidates spend raising money for their campaigns when the Constitution was written?
9. Had the writers of the Constitution ever seen a telephone?
10. Had the writers of the Constitution ever seen an automobile?
11. Has the Electoral College ever functioned in the way the writers of the Constitution envisioned it to function?
12. Had the writers of the Constitution ever seen a radio?
13. Had the writers of the Constitution ever seen a television?
14. How many US military bases were there outside of US borders when the Constitution was written?
15. Did the writers of the Constitution ever imagine that the US would have a large permanent standing army?
16. Did the writers of the Constitution ever imagine the US would have a military draft?
17. How many undeclared wars has the US been involved in since the adoption of the Constitution?
18. Was the Constitution written at a time when slavery was legal and widespread in the US?
19. Was the Constitution written when women were not allowed to vote, to hold public office, and had many legal restrictions?
20. Had the writers of the Constitution ever seen the Internet?
21. Had the writers of the Constitution ever seen social media?
22. What percentage of the US population worked in agriculture when the Constitution was written, compared to the percentage now?
23. Had the writers of the Constitution ever imagined nuclear weapons?
24. Had the writers of the Constitution ever seen an airplane?
25. Did the writers of the Constitution make any provision for institutionalized political parties, including the way political parties are now basic to how the houses of Congress are organized?
I am sure people can come up with many other similar questions. The point is that the literal text cannot deal with so many modern realities. That leaves the law to have to try to figure out the spirit behind the text when law is being extended to cover so much that the writers could never have guessed.