Should judges makes public policy decision for the United States. When they do,and how they do. There are the important and controversial questions among scholars,social commentators and public officials. The primary argument against judicial policymaking is that it produces public policy in an undemocratic manner. As designed in theconstitution, the democracy creates mechanism for the people to determine public policyby electing leaders and holding them accountable for their action. But the electedbranches of government are structured to respond to well-organized and affluent interests.In order to protect the rights and interests of weak political minorities and unorganized orpoor groups. In making judicial decisions, judges will inevitably shape public policybecause they will be telling elected officials what those officials must or cannot do.Thus. the American Constitutional democracy can be defined as citizen control overpublic policy plus the protection of individuals' rights.