Equal Protection and Samoan Credit Law
<p>In American Samoa, a person of Samoan descent and a person of other descent are treated differently under bankruptcy law. Per A.S.C.A. § 43.1528(a):</p>
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<p>No real property of a Samoan may be subject to sale under a writ of a court to satisfy any judgment other than a judgment foreclosing a valid mortgage. “Samoan” includes American Samoans of at least one-half Samoan blood and persons born on other islands in the Pacific Ocean who are of at least one-half Polynesian, Melanesian or Micronesian blood and who reside in American Samoa.</p>
</blockquote>
<p>It was my understanding that the 14th amendment provided equal protection of the law, and that laws with an explicit race test have been deemed unconstitutional. What exception allows this law to be considered constitutional?</p>

<p>This is a <a href="https://asbar.org/code-annotated/43-1528-real-property-of-samoans-not-subject-to-execution-exception/" rel="noreferrer">law of American Samoa</a>. American Samoa is not a state of the US. American Samoans are not automatic citizens under the 14th Amendment. The 14th Amendment says &quot;No <strong>State</strong> shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws&quot;.</p>

united-states fourteenth-amendment