If you're using your fists to fight people with proper arms and armour, then you'd better be using magic.
Though it doesn't need to be blatant or flashy.
What's really important for me isn't so much the orcs as it is regular humans (and elves etc). If they become no threat, it really cuts down on the stories you can tell.
I think detect/smite evil/good and suchlike should only apply to magical stuff - gods, demons, undead and suchlike. And also to the magical agents of such powers like Clerics, Paladins and Warlocks, though they'd detect as the alignment of their patron rather than their own.
No caps, but a lot less stat boosts available. Scrap all level based boosts and only allow you to have one stat boosting magic active a time (so just one of circlet of wisdom or belt of giant strength, or spell of Fox's Cunning, not all three).
edit: at least untl Epic levels.
I can't comment too much on 4e
3e dex based fighter doesn't do the "lots of damage" bit very well. Which is part of what sneak attack provides. The other thing that Sneak attack does is make it feel like you're being clever in creating opportunities to do lots of damage, which fits well.
The...
Most genuine deal-breakers reflect scepticism or an unwillingness to buy the product anyway. It's not that this is one issue would necessarily kill the game for them on it's own, it's that this is where they've chosen to draw the line. This far and no further.
While for other people it's more...
Spirits of alive nature, like plants and animals, would be either feywild or not extra-planar at all.
Spirits of lifeless nature, like volcanoes, mountains, oceans and storms would be elemental
That's what would make sense to me, at least.