This article is a direct follow on from Trevor Norkey's article, please read that first before this one, to save me having to put endless quotes... thank you!
In his article, Trevor postulated that Cap is wrong and that governmental regulation would have saved lives in the Marvel Cinematic Universe. He even cites the world of Harry Potter as evidence of how this control could work. So let's begin there.
The Harry Potter analogy is not really relevant as this was an age old set of rules, rather than a reaction to a specific incident. It was as wrong to use the Cruciatus or Killing Curse in Dumbledore's, Gryffindor & Co setting up the place and Voldemort's times at Hogwarts... Some rules are tightened because a young wizard named Tom went bad, but they were in place for centuries. Rowling wrote how Dumbledore was a maverick along with his friend Gellert, and it cost them dearly with Albus' sister. The rules didn't save innocent lives when people felt they were either above them or didn't need to follow them.
In the MCU, The Red Skull was their Voldemort right? or was it... Tony Stark?
Tony is most directly to blame for ALL of the issues in the modern day MCU to date. HE messed with AI and Scepter and created Ultron because he could. and thought he knew best. HE picked a public fight with the Mandarin and regularly mocked Justin Hammer to the point he would "go dark" to get one up on him. He spent so much time trying to keep his toys out of the hands of the military who he KNEW would do dodgy stuff, going so far as to help SHIELD keep Abomination out of the Avengers by antagonizing Ross for them, yet had a public fight with Whiplash that led to an even more life threatening situation at his own expo that used HIS OWN TECH against him, cos he was too drunk to realise Hammer would get hold of his suit.
Ultimately, Tony was the one who unleashed "superheroes" onto that world's people with "I AM Iron Man". When SHIELD were working hard along WITH THE GOVERNMENT to keep it all under wraps. He decided to do what HE wanted.
Meanwhile Cap has been a government guy for years but that distrust was always there, indeed the first thing that happened was his mentor being murdered by a double agent, brought by a Senator!
During WWII and after his powers, he was...selling bonds rather than doing what he was intended to? Yep, that's taking one for the government, in spite of his better judgement and his clear benefit to the war effort when he finally goes off book to save HIS BEST FRIEND! oh and 200+ other soldiers who then help the war effort significantly. Yes it leads to the Winter Soldier, but Bucky could have ended up there anyway had he not been rescued.
Since thawing out Cap has been the one uncovering the HYDRA plot and legit "saving the world" while also questioning the "necessary evils" that HYDRA were going to unleash in SHIELD's name like Project Oversight & Phase Two tech and later those Stark unleashes like Ultron and Vision. He's engaged with SHIELD, Fury, Widow, Sharon Carter and all the things they have asked him, especially to trust in this "new world" , their ways and at different times they have all been found undeserving of that trust. Those who he has found he can trust and rely on, such as Falcon, Thor, Banner, Barton and Maria Hill to a lesser extent are normally equally distrustful of authority. Even Hill was questioning Fury's logic at times over Phase 2 or Coulson's death for example.
Cap has also thrown his lot in with newcomers at face value, his line to Banner "Only word I care about..." applied to Scarlet Witch, Quicksilver, The Vision and now Ant-Man... just as it did to the Howlin' Commandos, Howard Stark and of course Peggy who would have probably filled him in on some stuff now going on in Agent Carter.
After the HYDRA fallout, Vice Presidents, Senators who were prominent, people within SHIELD who Cap had fought alongside and trusted in THE GOVERNMENT'S/America's name were found to be evil and corrupt. Thanks to Stark's hack on SHIELD and spending time with Banner he also probably knows about Ross and his attempt to harness his own powers and what it led to with Blonsky. So no way Cap is gonna trust that guy.
Ultimately, the MCU government(s) are not worthy of the oversight the Accords suggest. Heroes were not responsible for Sokovia, they WERE responsible for saving it. If there is fallout, it should be Tony Stark who faces it, alone if they can't get Banner as THEY created Ultron and directly caused it. In Stark's case it's another time he did as he pleased and Cap pointedly pulled him up on it at the farm. Banner isn't innocent, but he's not to blame... yet he did go along with the Vision so twice... yeah...guilty.
Stark arguably got "involved" in the accords through his own mental illness, just as Ultron was about realizing that HE can't control himself and that means the only way is for all to be regulated in some way. That he (and Rhodey) saved the President would only have worked to "get him a pass" for his misdeeds on the proviso he joins the Pro-Accord team as their face going forward. For all his arrogance, the government could do a lot of damage to Stark and he knows it, so even if it's not his best option, it's the one he takes.
Cap has been down those roads and they're not good for anyone. If there is going to be someone who stands apart and does what is best for the world, when even governments can't be 100% trusted, then Steve Rogers will do that, because that's what got him there. Remember how Erskine chose him and why and his last words? For Steve Rogers to be "a good man" he has to draw the line at further governmental control. They are as bad as Stark and can't be trusted to the same level.
Arguably this is where Tony's "villainy" will come into play and where the "...so was I..." line comes in... The guys on Team Stark are those who have either caused problems themselves like Widow, are military/Governmental like Rhodes and Black Panther or "loyal" like Vision...as he's based from JARVIS, there will be inate "affection" for Stark. While Panther may have a personal reason, ultimately as king of Wakanda, he also has an interest in keeping good with the US Government, probably his best customer for Vibranium!
Those who side with Cap are those who have fallen foul of governments like Bucky, Falcon and Scott Lang and those who have seen enough of Tony Stark to know that even if he was right on this, he can't be trusted like Witch and Hawkeye.
Trevor mentions Scott and Hank and that is an interesting case. After all, much of Scott Lang's back story was based on him being jailed for a "noble" hack. Whose accounts were involved is never said, but it's bound to be someone in the government or HYDRA... Hank also distrusted the government and SHIELD, even in the days of Peggy Carter. While he probably had little doubt about her integrity, he also knew she was not the one ultimately pulling the strings. Their "heist" was again, a noble act but in the MCU would be seen as something else, had it gone wrong both would have been jailed or worse, Pym Particles would be in their hands.
What is clear is that in the MCU, governments DON'T have the wits, oversight and control they think they do. The "World Council" was infiltrated by Gideon Malick AND Alexander Pierce, now both known to be HYDRA. The President allowed himself to be kidnapped by The Mandarin/Aldrich Killian with the help of a corrupt (and now jailed VP) and Thunderbolt Ross and Glen Talbot have both been seen to be inept at times. Even factoring Agents of SHIELD, the team the President put in place to resolve the Inhuman problem was infiltrated and compromised with shocking ease.
Had governmental rule been followed, millions would have died in New York alone from the nuke they ordered to be fired, with no guarantee it would work. Banner's power would be in the hands of the military with potentially far more heinous results than "the other guy", The US Military would be full of Stark made Iron-Men with Stark still producing weapons for them, just in time for HYDRA to make their move and take over the world and that's only if an army of Ant-Men hadn't taken over yet.
Steve Rogers gets this, he not only sees it... if the VICE PRESIDENT can be arrested for a plot to kill the president then how can he ever take an order from that government? He sees that the heroes job is to pick up the balls the governments drop. Of course they wouldn't want things that way... they want to be seen to be "the heroes" rather than independent men and women controlling the potential destiny of the planet.
How can those without the powers ever truly understand the responsibility of having them, much less decide how those powers should be or whether they can be used? They can say "with great power...." but only when they have that power and choose what to do with it can they truly be good or evil or if they are NOT ALLOWED to choose...they will eventually rebel and then be "evil".
Steve is still, in spite of all the world has thrown at him, that "good man" Erskine saw and will continue to be. Tony Stark is a flawed man who realized too late he wanted to be a good man... but never can be and at stake is quite possibly the fate of the world.
Personally, I see a more fitting end would be rather than his death, we see Steve cast aside the costume of Cap in favor of another identity that fits those ideals.
Who do you think is ultimately right? Can the MCU's government's be trusted with their frankly shocking records? Or is it the heroes who have the bad form?