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It becomes an illegal war without a Congressional declaration. With a congressional declaration, it becomes a legitimate and legal war.
An embassy should only be large enough for a consular office, and an ambassador with staff. No more, no less. But I don't know of any hard or fast rule on the size. There should be no more than a dozen members of the U.S. military defending the facility so people don't "accidentally" confuse it with a military base.
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"I'm completely in favor of the separation of Church and State. My idea is that these two institutions screw us up enough on their own, so both of them together is certain death."
- George Carlin
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