The thing you're still not seeing...this game is not all about dealing damage and being a super effective character. Most things in the game are made for a party. More over the characters are meant to be unique in personality, there's only so many feats and choices and if every Melee class is ineffective, what would you propose people take. I can tell you right now that most people are divided on Tome of Battle (I don't even allow it, or Psionics in my games) Besides the Monk, there's not going to be any really easily breakable Melee classes. Even then there a builds for it out there to be better. The thing is we're all level 1, any Fighter can deal decent damage to make it until their build takes shape.