Originally Posted by
SPN Lifer
"To bear" does indeed have a legal definition. The passport must indeed be in one's immediate physical possession -- so one can present it if asked.
Having the passport in carry-on luggage at an inspection station would comply.
I'll take your word that bear is legally defined. Nonetheless, 22 CFR 53.1 stating it is unlawful for US citizen to not bear/carry/have in their possession of a valid US passport is not enforced as there is no penalty attached.
22 CFR 53.1 derives authority from 8 USC 1185. Historically the penalty was described in 8 USC 1185(c) as no more than $5,000 and/or no more than 5 year imprisonment. The penalty was removed in 1978 under PL 95–426, §707(d). The text in 8 USC 1185(d) replaced the removed penalty section (c).
US courts have established US citizens have a right to return to US and as such one cannot be penalized for exercising that right. As long a person can establish their US citizenship (by alternative means), there is no penalty for returning without a valid US passport despite 22 CFR 53.1.