Constitutionalism: Philosophical Foundations

In short, Kay argues in favor of the interpretive contraint provided by the "original intent" of the people's representatives and writers of the rules of the Constitution of "these United States," in this manner:
It must be held true that the original intent of the framing and wording of the rules of government, in the Constitution of 1788-9, is Necessary, but Insufficient, to the interpretation of those rules;
yet it must be held true too that the content of current judicial cases, with reference to the on-going authority of received beliefs and practices, is also Necessary, but Insufficient, to the Application of those same rules;
so that it must be held true finally that the proper business of a judge, operating under and with the authority of the Constitution, is to adjudicate the relevance of said constitutional rules to those current judicial cases.