No, of course we don't believe they would have written it that way today. But neither you nor me nor anyone else gets to make up what we think they'd have said. They didn't say it. They're dead. They can't change what the law says. But, guess what? We can.

The law as written provides the rules of the game. Nobody should get to cheat, not the government, not a citizen, not a business, just because someone can plausibly argue that if the law were rewritten today it'd be written differently.

If the claim is true that the law would be and should be written differently today, then: Rewrite. The. Law.

If you don't have enough public support for that, then you have no business imposing your view on your fellow citizens. If you do have enough public support, but Congress is being dysfunctional (this is usually the case today), then communicate with your congresspeople and/or try vote them out, and persuade your fellow citizens to do the same. Don't cheat at the game. Play it.