A combination of theoretical results and eddy-resolving numerical simulations will be presented to resolve this apparent contradiction. It will be shown that both marginally critical and supercritical mean states can be obtained in an idealized diabatically forced (and thus atmosphere-like) Boussinesq system, if the thermal expansion coefficient is varied from atmosphere-like values to ocean-like values. The difference in the thermal expansion coefficient dominantly controls the difference in the deformation scale between the two fluids and ultimately renders eddies ineffective in maintaining a marginally critical state in the limit of small thermal expansion coefficients. This suggests that marginal criticality arguments hold only in a limited parameter range, which includes the present day atmosphere but not the present day ocean.
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