but they're using the 'same' obsolete philosophy as the founding father used when writing those things

so it's correct that they do this, else they would change the meaning behind those words.

what is needed is that congress approves new philosophy so they can use it to make better (meaning up to date) laws which are appropriate for this technological epoch

and what is needed for that is that the academic community comes up with new philosophy

and what is needed for that I do not know