I refer you to my prior citations from post #39:
"It only assumes, what has always been conceded, that the common law may properly be resorted to in determining the meaning of the terms used in the Constitution, where that instrument itself does not define them."
"The common law of England is obligatory in this state by immemorial usage, and consent, so far as it corresponds with our circumstances and situation. As we have no treatise upon our laws, we are under the necessity of becoming acquainted with the English code for the purpose of understanding our own. The operation of the English common law, is ascertained by no general rule, and is bounded by no known line: it can be learned only from the decisions of our courts. A common law peculiar to ourselves, resulting from our local circumstances, has been established by the decision of our courts; but has never been committed to writing."
Does this answer your question?
“Does this answer your question?”
Yes, The founders believed the they were not unconstrained to interpret/pick and choose: “...it can be learned only from the decisions of our courts.”