Do you think Cap was acting a bit out of character in the first Civil War?

The Comic? 

So I discuss it here, but yeah, the comic was a massive trainwreck and characterization was a significant (although not the only or largest) part of it.

Mike Millar thought that the Registration Act was so self-evidently the correct side that he switched who the leaders of each side were going to be: originally, Cap was supposed to be pro-Registration and Iron Man was supposed to be anti-Registration, but Millar thought that Cap’s moral authority was so strong that everyone would side with him, so he switched them in order to maintain dramatic tension. 

This became something of a problem when the writers of the Civil War books (not just the main book but the spinoffs) disagreed with themselves both about what the Act – in some versions it was basically gun control, in others it was the Patriot Act, and still others it was the total abrogation of the 13th Amendment for anyone with powers – was but also which side was in the right. Hence, characterization for all characters tended to swing wildly depending on who was writing which issue.