There are three ways we can break up the banks.
- Pass a law putting some sort of cap on the size of the balance sheet of financial companies, usually non-deposit liabilities. Caps, such as Senator Brown’s SAFE Banking Act, are generally proposed around 2 or 3 percent of GDP.
- Have the council of regulators known as the Financial Stability Oversight Council (FSOC), on which the Treasury Secretary serves as chair, declare the largest firms to be too risky and must be broken up (Section 121).
- Have the Federal Reserve, along with the FDIC, determine that the “living wills” of the biggest banks, which are plans on how they can fail without bringing down the economy, are not credible, and thus must be broken up (Section 165d).
The second two work through Dodd-Frank, the first would work through Congress.
Here’s the first exchange that people are citing:
Sanders: How you go about doing it is having legislation passed, or giving the authority to the secretary of treasury to determine, under Dodd-Frank, that these banks are a danger to the economy over the problem of too-big-to-fail.
Daily News: But do you think that the Fed, now, has that authority?
Sanders: Well, I don’t know if the Fed has it. But I think the administration can have it.
Sanders is clearly saying that he wants to push on the first (“legislation passed”

and second (“secretary of treasury to determine”

, two projects you can do at the same time. He’s emphasized Section 121 in the past. I wish he’d emphasize the third approach more, as that’s where the fight currently is, but his answer is fine.
If anything, Sanders is too wonky. The Daily News and commentators on this, I think, mean regulators as a whole, instead of the specific powers of the Federal Reserve itself, when they ask if the Fed has that authority already. Does the Fed have that authority? The Federal Reserve does have an extensive set of powers under the second and third approach, but it isn’t unilateral, but it also isn’t clear how much they could push if they truly wanted it.
Sanders is correct to say it’s unclear how far the Federal Reserve can go but it is clear, however, that the Treasury secretary can lead FSOC to it.