In this context, there's appeared a flurry of articles on the Kirkuk Referendum. In each of the articles there have been a specific references to Turkmen in Kirkuk and references to Arab opposition to the Kirkuk Referendum. One article by Dr. Muhammad Shamsaddin Megalommatis puts it this way: "Article 140 of the Iraqi constitution has been legally expired. Because the constitution was particular about carrying it out in December 2007. There is no legal way to amend it or delay it." President Barzani responds to such assertions in his own words: "How has it expired? This is an article in the constitution. If the validity of this article has expired it means that the validity of the whole constitution has expired. This is illogical."
Article 5 of the Iraqi Constitution states unequivocally: "The law is sovereign. The people are the source of authorities and its legitimacy, which the people shall exercise in a direct general secret ballot and through their constitutional institutions."
Article 140 reads: "First: The executive authority shall undertake the necessary steps to complete the implementation of the requirements of all subparagraphs of Article 58 of the Transitional Administrative Law. Second: The responsibility placed upon the executive branch of the Iraqi Transitional Government stipulated in Article 58 of the Transitional Administrative Law shall extend and continue to the executive authority elected in accordance with this Constitution, provided that it accomplishes completely (normalization and census and concludes with a referendum in Kirkuk and other disputed territories to determine the will of their citizens), by a date not to exceed the 31st of December 2007."
In a September interview KRG President Masoud Barzani continued to uphold the constitutionality of the Kirkuk Referendum: "Indeed, this is a question that puzzles us. We do not wish for anything outside the constitution and we do not want anything more than what the constitution gives us... The constitution was agreed upon by the majority of the Iraqi people and it sets rights and duties. We in the Kurdistan district are accurately committed to the articles of the constitution. We are not asking for more than what the constitution gives us. This includes Article140 (pertaining to the issue of Kirkuk and the disputed regions). Commitment to the constitution is the guarantee for safeguarding the unity of Iraq."